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Home My WebLink AboutCOW 2009-02-09 Item 4C - Agreement - 2009-2010 Overlay and Repair with KPG Inc for $144,333.06CAS NUMBER: 09-022 AGENDA ITEM TITLE CATEGORY SPONSOR SPONSOR'S SUM MARY MTG. DATE 02/09/09 02/17/09 MTG. DATE 02/09/09 02/17/09 09 COUNCIL AGENDA SYNOPSIS itireeting Date 02/09/09 02/17/09 Iiritialr Prepared by 7 a 1 Mayor's review 2009 2010 Annual Overlay Repair Program Consultant Agreement with KPG, Inc. Discussion El Motion Resolution Ordinance I%I1g Date 02/09/09 Mtg Date 02/17/09 Mtg Date Mtg Date Council re,.ze {v WA/ RECORD OF COUNCIL ACTION ITEM INFORMATION 1 ORIGINAL AGENDA DAIS: FEBRUARY 9, 2009 2-1,C, Bid Award n Public Hearing ATTACHMENTS Informational Memorandum dated 02/03/09 (revised after TC) Vicinity Maps Consultant Agreement with Scope of Work and Fee Minutes from the Transportation Committee meeting of 02/02/09 ITEM No. Other Mtg Date Mtg Date Mtg Date Council Mayor Adrn Svcs DCD n Finance Fire Legal n P&R Police PTV This contract is for design of the 2009 2010 Annual Overlay and Repair Program. KPG was selected to provide design services for a two -year cycle beginning in 2008 and is currently in the second and final year of that design. This contract will complete final design and advertise the projects for bid that includes a list of 22 streets sections. Council is being asked to approve the contract with KPG, Inc. in the amount of $144,333.06. Transportation Cmte n Planning Comm REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Utilities Cmte Arts Comm. 1 1 Parks Comm. DATE: 02/02/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMM1I rEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT 1 FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED $144,333.06 $200,000.00 Fund Source: 104 ARTERIAL STREET FUND (PAGE 20, 2009 CIP) Comments: APPROPRIATION REQUIRED TO: City of Tukwila Mayor Haggerton TRANSPORTATION COMMITTEE FROM: Public Works Director T1) DATE: February 3, 2009 ((jj SUBJECT: 2009 2010 Annual Overlay and Repair Program Project No. 09 -RW01 Consultant Agreement ISSUE Execute a contract with KPG, Inc. to provide design services for the 2009 2010 Annual Overlay and Repair Program. BACKGROUND INFORMATIONAL MEMORANDUM Jim Haggerton, Mayor KPG, Inc. was selected to provide design services for the City's Annual Overlay Program for a two -year cycle beginning in 2008. 2009 is the second and final year of design services resulting from that consultant selection process. By selecting a consultant for two consecutive years, the City was able to save time and money by completing the base mapping of the selected projects for the 2009 2010 Overlay Program in 2008. This contract will complete final design and advertise the project for construction bids in order to take advantage of the optimal bidding climate that usually occurs early in the calendar year. The list of streets (following page) for the 2009 2010 Overlay Program was developed using the City's Pavement Management Program and input from our engineering and maintenance staff. DISCUSSION KPG, Inc. has provided a contract, scope of work, and fee estimate to design the 2009 2010 Annual Overlay and Repair Program (see attached). Design (Budget 2009) (Budget 2010) RECOMMENDATION Contract Budget $144,333.06 $100,000.00 100.000.00 $144,333.06 $200,000.00 The Council is being asked to approve and forward the proposed contract with KPG, Inc. in the amount of $144,333.06 for consideration at the February 9, 2009 Committee of the Whole meeting and subsequent February 17, 2009 Regular Meeting. INFORMATIONAL MEMO Page 2 The 2009 2010 Annual Overlay Repair Program list includes: 1. 5 133 Street: 2. Corporate Drive N: 3. S 150 Street: 4. 33` Avenue South: 5. 32 Avenue South: 6. S 130 Place: 7. S 144 Street: 8. S 130 Place: 9. S 115 Street: 10. E Marginal Way: 11. Upland Drive: 12. 51 Avenue S: 13. S 112 Street: 14. 34 Avenue S: 15. 41 Avenue S: 16. 45 Place S: 17. S 138 Street: 18. S 148 Street: 19. S 146 Street: 20. S 131 Street: 21. S 142n Street: 22. 41s Avenue S: P \PROJECTS\A- RW RS Projects\09RWO1 2009 -10 Overlay\InfoMemo2009 gl.doc 32 Avenue South to 34 Avenue South Andover Park West to west cul -de -sac Military Road to Tukwila International Boulevard S 132 Street to S 130 Street S 135 Street to S 133` Street 56 Avenue S to 57 Avenue S Interurban Avenue 5 to east end 50 Place S to 56 Avenue S Interurban Avenue S to 42 Ave S S 126 Street to SR -599 Bridge Andover Park W to west cul -de -sac S 138 Street to north end West end to Tukwila International Blvd S 135 Street to S 132 Street S 131 Street to S 130 Street S 137 Street to 5 136 Street 51 Avenue S (W) to 51 Avenue S (E) Military Road to Tukwila International Blvd Military Road to Tukwila International Blvd 41S Avenue S to 42n Avenue S Military Road to east cul -de -sac S 139 Street to north end attachments: Vicinity Maps (2) Contract with Exhibits of Scope of Work and Fee Estimate lel 113 St St r Hiontlne S 45: St c 4 i Foster N N S 1 .t 5j Golf se all 11� S Course 9 v .4 37 S 139 St p J N 134 St �S N�-' f S t42 S141 S v b .s 4 N N .Na S 100 St S 104S u S107Si S108St1 Rainier Golf Country Club S 124 St S 116 St s Is 138 St S154St S 133 St S 135 St S 142 St 12' S 144 St 1 14B 5 150 St 1 S 154 St City of Tuktiu2la s r 5107 NO St yN S la ala N 1 Wt s 4St 5113 t S[/14 S N 156 St St ,o N J. February 7, 2008 FOSTER GOLF COURSE FORT DENT PARK 2009 - 2010 OVERLAY PROJECTS VICINITY MAP W S 151 St J `IS 150 St S151St S 152 St cn N S 160 S 150 S 150 LIR1 S 152 St Q w SSA I`- 'iv 'e m tO v'` v 16� —,--4-. L--•.L S 164 St NJ� S166S w S 16�5 z ro y vv. S 149 St v., S 151St o\ -1-- 151 S153St STRANDER BOULEVARD CORPORATE BOULEVARD ParkyaY S 158 St Evans a iaV/Z Stack Dr g Faker Blvd g 2. City of Tukwila Treck Dr) Kirk er 11 Bvd o Midlan+ Saxon \-3, -v1 DrWe �s z hand Dr Q 80 St N gale Pk Dr! 3 D Riverside '''i��/ j Q'7 u Todd Q y, Blvd a s 1 s, S Glacier, St 4* a Cb S 4 St; 18 cs° ti 2009 - 2010 OVERLAY PROJECTS Vicinity Map Februa'r'y 7, 2008 CONSULTANT AGREEMENT FOR ROADWAY 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 roadway design services in connection with the project titled 2009 2010 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 $144,333.06 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. 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, includmg 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 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. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. 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. 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 day of 2009 CITY OF TUKWILA CONSULTANT By: Jim Haggerton, Mayor Nelson Davis Principal Title: Attest/Authenticated: Approved as to Form: Christy O'Flaherty, CMC, City Clerk Office of the City Attorney EXHIBIT A City of Tukwila 2009 2010 Overlay Program Scope of work January 27, 2009 TASK 1 2009 2010 OVERLAY PROGRAM The Consultant shall prepare final Plans, Specifications and Estimates for the following overlay projects: o S 133` Street: Corporate Drive N: S 150 Street: 33` Avenue South: o 32n Avenue South: S 130 Place: S 144 Street: S 130 Place: a S 115 Street: E Marginal Way: Upland Drive: 51 Avenue S: o S 112 Street: 34 Avenue S: 41 Avenue S: 45 Place S: o S 138 Street: S 148 Street: S 146 Street: o S 131 Street: o S 142 Street: o 41 Avenue S: 32 Avenue South to 34 Avenue South Andover Park West to West Cul -de -sac Military Road to Tukwila International Boulevard S 132 Street to S 130 Street S 135 Street to S 133` Street 56 Avenue S to 57 Avenue S Interurban Avenue S to east end 50 Place S to 56 Avenue S Interurban Avenue S to 42n Ave S S 126 Street to SR -599 Bridge Andover Park W to West Cul -de -sac S 138 Street to north end West end to Tukwila International Blvd S 135 Street to S 132 Street S 131 Street to S 130 Street S 137 Street to S 136 Street 51s Avenue S (W) to 51s Avenue S (E) Military Road to Tukwila International Blvd Military Road to Tukwila International Blvd 41 Avenue S to 42 Avenue S Military Road to East Cul -de -sac S 139 Street to north end The Consultant shall provide all necessary field reviews, base mapping, and utility notification required to complete final bid documents. The Consultant will provide full size record mylar plans (1 copy) and 10 copies of the final plans and specifications to the City at time of bid advertisement. Plans and specifications will also be uploaded to Builder's Exchange for bid purposes. Interim review submittals (5 copies) will be prepared at the 50% and 90% stage of plan completion. The Consultant shall also prepare the bid tabulation, check low bidder(s) references, and provide a recommendation for award to the City. Mapping will be based on aerial photos, GIS information and field measurements by Consultant staff. Topographic survey, right of way determination, permitting, environmental documentation, geotechnical review, or stormwater detention and water quality have not been included in this scope and estimate. 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 50% design to determine the final projects to be included in the 2009 2010 Overlay Program. An allowance of $2,000 is included to provide support and to the City's pavement management system. This work will be performed by Pavement Engineers Inc. under subcontract to the Consultant. HOUR AND FEE ESTIMATE EXHIBIT B Project: City of Tukwila 2009 - 2010 Overlay Program I *Labor Hour Estimate Senior Project Task Description Engineer Engineer I Technician Clerical 177.45 113.57 I 85.18 65.78 Task1 2009 2010 Overlay Program 1.1 Management Coordination Administration 8 1.2 Utility coordination 0 1.3 Prepare base maps S 133rd Street 0 Corporate Drive N 0 S 150th Street 0 33rd Avenue S 0 32nd Avenue S 0 S 130th Place 0 S 144th Street 0 S 130th Place 2 S 115th Street 2 E Marginal Way 2 Upland Drive 0 51st Avenue S 0 S 112th Street 2 34th Avenue S 2 41st Avenue S 0 45th Place S 0 S 138th Street 0 S 148th Street 0 S 146th Street 0 S 131st Street 0 S 142nd Street 0 41st Avenue S 0 1.4 Prepare overlay plans (estimate 40 sheets) 40 1.5 Quantities estimates 16 1.6 Prepare specifications 8 1.7 Prepare review submittals 8 Reimbursable expenses see breakdown for details Task Totals 90 Estimated rates are based on: Overhead as 163.63% of direct salary cost Fee calculated as 15% of direct salary overhead 01/28/2009 KPG Architecture Landscape Architecture Civil Engineering Total Fee Fee 8 0 i 8 2,854.40 8 0 8 1,434.80 8 16 1 0 2,271.44 4 12 j 0 1,476.44 4 12 j 0 1,476.44 8 16 1 0 1 2,271.44 8 16 0 2,271.44 4 12 1 0 1,476.44 8 16 j 0 1 2,271.44 12 36 0 4,784.22 12 i 36 1 0 I 4,784.22 12 36 1 0 i 4,784.22 4 12 i 0 1,476.44 8 16 0 2,271.44 8 16 I 0 i 2,626.34 8 16 0 2,626.34 4 12 0 1,476.44 4 12 1 0 1,476.44 4 12 1 0 i 1,476.44 4 12 0 1,476.44 4 I 12 0 1,476.44 4 12 1 0 i 1,476.44 4 12 0 1,476.44 8 i 16 0 2,27144 240 I 320 0 61,612.40 40 i 80 0 14,196 40 24 1 16 8 6,034.40 16 1. 16 8 I 5,125.84 j 1 3,600.00 480 i 800 1 32 I 144,333.06 Total Estimated Fee: 144,333.06 Reimbursable Breakdown Cost Task1 2009 2010 Overlay Program Mileage 400.00 Reproduction 1000 1/2 size plans $0.20 200 00 Reproduction 40 full size mylars $10.00 400.00 Reproduction Specifications 400 00 Upload Charges for BXWA.com 200.00 Allowance for Pavement Management Support 2,000.00 Task 1 Total 3,600.00 TRANSPORTATION COMMITTEE Meeting Minutes February 2, 2009 5:00 p.m. Conference Room 1 PRESENT Councilmembers: De'Sean Quinn, Chair; Dennis Robertson and Verna Griffin Staff: Jim Morrow, Bob Giberson, Frank Iriarte, Robin Tischmak, Gail Labanara, Jon Harrison and Kimberly Matej CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:09 p.m. L PRESENTATIONS No presentations. City of Tukwila Transportation Committee II. BUSINESS AGENDA A. 2009/2010 Overlay Proram Consultant Recommendation and Aereement Staff is seeking full Council approval to enter into a contract with KPG, Inc. in the amount of $144,333.06 for design services for the 2009/2010 Overlay Program. 4 In 2008, KPG was selected as the design consultant for the Overlay Program for a two -year period. Selecting a consultant for a two -year period allowed the design process for 2009/2010 Overlay Program to begin in the 4 quarter of 2008. Staff has developed a list of 22 streets for KPG to complete final design on and advertise for construction bids. This list of indentified street utilizes the biennial budget process and incorporates two years worth of work (overlay for 2009 and 2010). The City's annual investment in the overlay program is approximately $1 million. This pavement management system evaluates the status of all the streets in order to fulfill the City's self imposed maintenance requirement. It is anticipated that the current List of proposed overlay locations will be over the biennial construction budget. If that is the case, locations will be prioritized as needed. Staff will return to Committee at a later date 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. UNANiVIOUS APPROVAL. FORWARD TO FEBRUARY 9 COW FOR DISCUSSSION. M. MISCELLANEOUS Meeting adjourned at 5:37 p.m. Next meeting: Tuesday,* February 17, 2009 5 :00 p.m. Conference Room 1 *Tuesday meeting due to holiday Committee Chair Approval Minutes by KAM. Reviewed by GL RT