HomeMy WebLinkAboutReg 2007-02-05 Item 8 - Agreement - 2007 Overlay and Repair Consulting with KPG COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER: 07-014 I ORIGE AL AGENDA DA 1'r:: FEBRUARY 5, 2007
AGENDA ITEM TITLE 2007 Annual Overlay and Repair Consultant's Agreement with KPG Inc.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 2/5/07 Mtg Date 2/5/07 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date:
I SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PIV
SPONSOR'S The contract is for design of the 2007 Annual Overlay and Repair Program. The street
SUMMARY improvements include overlay for eight residential road sections as well as stabilization
design of the hillside below Slade Way, updating the plans for the intersection of Boeing
Access Rd /East Marginal Way S and updating the Pavement Management System program.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA'1'r;: 1/22/07
RECOMMENDATIONS:
SPONSOR /ADMIN. Authorize Mayor to sign the consultant's agreement with KPG.
COMMIFILE Unanimous approval: forward to COW.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$79,793.00 $100,000.00
Fund Source: 104.02 Commercial Streets (page 42, 2007 CIP)
Comments:
MTG. DATE 1 RECORD OF COUNCIL ACTION
2/5/07
MTG. DATE ATTACHMENTS
2/5/07 Information Memo dated January 17, 2007
Map, of site locations
Consultant Selection Rating Sheet
Consultant Contract with Scope of Work
Transportation Committee Meeting Minutes from January 22, 2007
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Director
Date: January 17, 2007
Subject: 2007 Overlay and Repair Program
Project No. 07 -RWO1
Consultant Selection, Scope of Work, and Fee Estimate
ISSUE
Select a consultant to provide design and PS E for the City's 2007 Overlay Program.
BACKGROUND
Task 1
The C.I.P. includes the Annual Overlay Program to provide repairs and overlays on the City's
street system. The 2007 list of projects includes:
Street From To Type
1. S 158 St 42n Ave S 47 Ave S Residential
2. S 156 St 44 Ave S 47 Ave S Residential
3. 44 Ave S S 156 St S 158 St Residential
4. 47 Ave S S 156 St S 158 St Residential
5. 33' Place S S 140 St 33` Ave S Residential
6. 48 Ave S Macadam Road S 134 Place Residential
7. S 136 St Macadam Road 48 Place S Residential
8. 48 Place S 48 Ave S S 136 St Residential
Task 2 Residential
The hillside below Slade Way has experienced sloughing in the past year that should be
stabilized. Options will be prepared and reviewed for construction with the 2007 Overlay
Program.
Task 3 Commercial
The intersection of Boeing Access Road East Marginal Way was advertised in 2006 for
overlay and repair using federal funds. All bids were rejected. This project will be reviewed,
updated, and re -bid as a separate project.
Task 4 Commercial
The Pavement Management System program will be updated to reflect current conditions.
Mayor Mullet
Page 2
January 17, 2007
ACTION TAKEN
Three firms were short- listed from the City's consultant roster of firms that indicated they
provide expertise in pavement design, overlay design and pavement management. All three
firms were rated based on the expertise and experience necessary to perform the work. KPG,
Inc., was selected as the most qualified (see rating sheet attached).
KPG, Inc., has provided design and construction services for the City in past years. A draft
Scope of Work and Fee Estimate are attached.
RECOMMENDATION
Approve the selection of KPG, Inc., as the 2007 Overlay Program design consultant and
authorize the Mayor to execute a contract with KPG, Inc., in the amount of $79,793.00.
attachments: Map, Rating Sheet, Scope of Work, Fee Estimate
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o 9 City of Tukwila 2007 OVERLAY PROJECTS
o'' Janua 17 2007 Vicinity
s rY Map
1 908
CONSULTANT SELECTION
2007 OVERLAY REPAIR PROGRAM
David Evans W H
Associates Pacific KPG
Project Manager 1 1 1
Pavement Design Rehabilitation
Repair Experience 2 2 1
Agency Overlay
Program Management 1 1 1
Tukwila Overlay
Program Knowledge 2 1 1
Pavement Management
System Experience 3 3 1
Expertise Using
Federal Funds 2 1 2
TOTALS 11 9 7
Score consultant 1 to 4, with 1 being highest and 4 being lowest.
Lowest score is consultant ranked highest.
KPG
ENGINEERS ARCHITECTS LANDSCAPE ARCHITECTS
753 9th Avenuc N
Seattle, WA 98109
TEL 206/286 -1640
FAX 905/286 -1639
January 15, 2007
Mr_ Robin Tischmak, P.E.
City of Tukwila
Department of Public Works
6300 Southcenter Blvd.
Tukwila, WA 98188
Re: 2007 Overlay Program
Dear Robin,
KPG is pleased to submit to you the attached scope of work and hour and fee estimate for the
referenced project. The work scope includes preparation of plans, specifications and estimates
for the 2007 overlay program (3 sites ),.stabilization design on Slade Way, as well as
repackaging of the EMW /BAR intersection improvements for bid. Also included is a $10,000
allowance for pavement management support by Pavement Engineers, Inc.
Our total estimated fee for this work is $79,793, which is approximately 8% of the anticipated
construction budget of $980,000.
We are ready to start immediately on these projects. Please feel free to contact me at 206 -267-
1052 if you should have any questions or would like to discuss this proposal.
Very Truly Yours,
Nelson Davis, RE.
Project Manager
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 2007 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 $79,793.00 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 eamed 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, 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 attomey'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 Tnsurance 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.
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 attomey's fees, incurred in such suit from the losing
party.
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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 2007
CITY OF TUKWILA CONSULTANT
By:
Steven M. Mullet, Mayor Nelson Davis
Principal
Title:
Attest/Authenticated: Approved as to Form:
Jane E. Cantu, CMC, City Clerk Office of the City Attorney
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Exhibit A
City of Tukwila
2007 Overlay Program
Scope of work
January 16, 2007
TASK 1 2007 OVERLAY PROGRAM
The Consultant shall prepare final Plans, Specifications and Estimates for the following overlay
projects:
The 'Loop' S 156 Street, S 158 Street, 44 Ave S, 47 Ave S
48 Avenue S/S 136 Street East of Macadam to existing butt joint dead end
33` Place South 33` Avenue S to S 140 Street
The Consultant shall provide all necessary field reviews, base mapping, and utility notification
required to complete final bid documents. 40 copies of the final bid documents will be provided
to the City for bid advertisement. Interim review submittals (10 copies) will be prepared at the
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.
Permitting, environmental documentation, geotechnical review, or stormwater detention and
water quality have not been included in this scope and estimate.
The Slade Way slope stabilization project (Task 2) will be included in the bid documents for the
2007 Overlay Program. Some sites may be bid as alternates based on available budget and
other considerations at the discretion of the City.
TASK 2 —SLADE WAY SLOPE STABILIZATION
The Consultant shall prepare final Plans, Specifications and Estimates for stabilization
improvements on the Slade Way embankment and roadway edge. Stabilization improvements
will include review of geotechnical information prepared by others, preparation of cost opinions
for up to three (3) alternatives, and design of the preferred alternative. This scope of work
assumes that the alternatives will be reinforced earth or similar and does not include analysis or
design of structural solutions such as soldier pile or cantilever concrete walls.
Existing AutoCAD topographic base maps showing all utilities, contours, and right of way
location will be provided by the City. Previous geotechnical studies will also be provided by the
City and are assumed to contain sufficient information for preliminary design of the 3
alternatives. We have included a $5,000 allowance for geotechnical services which may be
required for final design of the preferred alternative.
This project site will be bid as part of the 2007 Overlay Program (Task 1).
KPG 1 of 2 2007 Overlay Program
TASK 3 BOEING ACCESS ROAD EAST MARGINAL WAY
The Consultant shall field review the previous design prepared for the City by others and make
appropriate modifications, if any, based on our field observations. The Consultant will work with
City staff to prioritize improvements and structure the bid proposal form to include up to two
alternate bid schedules to allow flexibility in awarding improvements with available budget.
Previous AutoCAD design drawings and Word document specifications will be provided by the
City in digital format. 40 copies of the final bid documents will be provided to the City for bid
advertisement. Interim review submittals (10 copies) will be prepared at the 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.
Permitting, environmental documentation, geotechnical review, or stormwater detention and
water quality have not been included in this scope and estimate.
The Consultant will attend one meeting with funding agency representatives to review proposed
revisions to previous construction documents. The City will route all necessary information to
the funding agency for review and approval.
TASK 4 PAVEMENT MANAGEMENT SUPPORT
An allowance of $10,000 is included to provide support and upgrades to the City's pavement
management system. This work will be performed primarily by Pavement Engineers, Inc. under
subcontract to the Consultant.
KPG 2 of 2 2007 Overlay Program
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Transportation Committee
January 22, 2007 5:00 p.m.
Present: Pam Carter, Chair; Joe Duffle, and Pam Linder, Council members.
Jim Morrow, Director of Public Works; Frank Iriarte, Deputy Director; Bob Giberson,
Acting City Engineer; Gail Labanara, Public Works Analyst; Robin Tischmak, Senior
Engineer; Jon Harrison, Traffic Sergeant; Diane Jenkins, Administrative Assistant to the
Council.
Business Agenda
A. 2007 Overlay Program Consultant Selection and Agreement
Mr. Tischmak related that the selection of a consultant to provide scope of work, design, and
PS &E for the 2007 Overlay Program was being presented together in order to expedite the
process. Using the pavement management system and recommendations from the maintenance
depai liiient, a list of streets for the 2007 overlay program was developed. Ms. Carter noted that
the list was also compiled within the budgetary constraints. There are eight individual streets
within three different locations. She pointed out that Task 2, SIade Way (stabilization of
y,..,:
hillside); Task 3, Boeing Access Road/East Marginal Way (overlay and repair); and Task 4,
Pavement Management System (updated to reflect current conditions) would be included as part
of the project. She understood the need to expedite the project and would seek consensus of
council to forward this item directly to February 5 regular council meeting rather than submitting
the item to Committee of the Whole for discussion. Mr. Duffle noted that if there are time
delays, the cost of the construction project increases.
Mr. Morrow conveyed that updating the pavement management system is important in order to
prioritize all of the streets within the city. He continued and noted that this information would be
helpful if the residential street program was reinstituted. Mr. Tischmak commented that this type
of information is a useful tool for long -range planning. This will enable the City to assess
whether additional monies need to be allocated for the overlay program of city streets.
Unanimous approval to forward to February 5 regular council meeting.
New Business
Mr. Morrow indicated that discussions are ongoing to get commitments from Seattle City Light
to complete its work on Tukwila International Blvd. and S 144. Ms. Carter noted that it may be
helpful to provide a timeline of events as they failed to fulfill their commitment. Ms. Carter
noted that city staff was working hard to remove graffiti throughout the city. Different methods
are used to repair the surfaces being defaced. Some items cannot be painted until the weather is
warmer. The surfaces will be prepared for painting at a later time. Mr. Morrow reported that
the wind storm cost the city $25,000 in overtime. Mr. Morrow also updated the committee on a
request from the City of SeaTac to restrict the traffic on S 178 to one -way (eastbound going
down the hill). SeaTac is concerned with traffic backing -up into the neighborhood. The
westbound traffic (going up the hill) would have to use an alternative route. He conveyed that
the City is not interested in supporting this. The girder needs to be replaced on S. 178 the
overpass/bridge, the girder needs to be replaced. It is estimated that the repair could take
anywhere from 6 months to 2 years. This is a WSDOT project. Mr. Morrow reported that there
is no immediate danger to the structural integrity, the bridge can function and, therefore, it is not
a high priority to WSDOT.
Adjournment: 5:30 p.m.
Committee Chair Approval
Minutes by DJ. Reviewed by GL.