HomeMy WebLinkAboutCOW 2006-02-27 Item 4E - Agreement - 2006 Overlay and Repair Consulting with W&H Pacific COUNCIL A GENDA SYrvosis
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ITEM INFORMATION
CAS NUMBER. 06-025 I ORIGINALAGENDADATE: FEBRUARY 27, 2006
AGENDA ITEM TITLE 2006 Annual Overlay and Repair Consultant's Agreement with W &H Pacific.
CATEGORY Discussion Motion Resolution Ordinance Bzd Award Public Hearing Other
Mtg Date 2/27/06 Mtg Date 3/6/06 Mtg bate Mtg Date Mtg Date Mtg Date Mtg Date:
I SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW/
SPO,NSOR'S The contract is for design of the 2006 Annual Overlay and Repair Program. The street
SUN MARY improvements include overlay for S 144 St (Macadam Rd /51 Ave S), Southcenter Blvd
(Macadam to 53 S 158 St (42 47 Slade Way (S 160 to 53 PI and includes
soldier pile walls), Macadam Rd S (S 128 to S 133 and includes curbs, gutters, sidewalks
for Normed mitigation), S 130 St (EMW to Macadam), Ramps of Boeing Access /Airport
Way and the intersection of Boeing Access Rd /E Marginal /TIB.
REVIEWED BY COW Mt CA &P Cmte F &S Cmte Transportation Cmte
El Utilities Cmte [1] Arts Comm. Parks Comm. Planning Comm.
DA'Z'E: 2/13/06
RECOMMENDATIONS:
SPONSOR /ADMIN Authorize Mayor to sign the consultant's agreement with W &H Pacific.
COMI HTrEE Forward to COW and then Regular with approval.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$99,656.35 $100,000.00
Fund Source: 104.02 Commercial Streets (page 44, 2006 CIP)
Comments
MTG. DATE I RECORD OF COUNCIL ACTION
2/27/06
3/6/06
MTG. DATE I ATTACHMENTS
2/27/06 Information Memo dated February 9, 2006
Maps of site locations
Consultant Selection Rating Sheet
Consultant Contract with Scope of Work
Transportation Committee Meeting Minutes from February 13, 2006
3/6/06 1
INFORMATION MEMO
From:
Date:
Subject:
Mayor Mullet
Public W arks Directo~
February 9, 2006
2006 Overlay Program - Consultant Selection, Scope of Work, and Fee Estimate
To:
ISSUE
Select a consultant to provide design and PS & E for the City's 2006 Overlay Program.
BACKGROUND
The C.I.P. includes the Annual Overlay Program to provide repairs and overlays on the City's
street system. The 2006 Overlay Program includes federal funding to repave the intersection
of Boeing Access Road and East Marginal Way. The 2006 list of projects include:
Street
1. S 144th St
2. Southcenter Blvd
3. S 158th St
4. Slade Way
5. Macadam Road
6. S BOth St
7. Ramps
8. Intersection
From
Macadam Rd I 51st Ave S
Macadam Road
42nd Ave S
S 160th St
S 128th St
East Marginal Way
Boeing Access Road
East Marginal Way
ACTION TAKEN
To
200 feet west
53rd Ave S
47th Ave S
53rd PI S
S 133rd St
Macadam Road
Airport Way
Boeing Access Road
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. W &H
PacifIc was selected as the most qualified. (Rating sheet is attached.)
W &H PacifIc provided design and construction services for the 2005 Overlay Program. A
draft Scope of Work and Fee Estimate are attached.
RECOMMENDATION
Approve the selection of W &H PacifIc as the 2006 Overlay Program design consultant and
authorize the Mayor to execute a contract with W&H PacifIc in the amount of $99,656.35.
attachments: Map, Rating Sheet, Scope of Work, Fee Estimate
(p:Proj<ro\A. RW & RS Projects\06R\\'OtlCcnSdctfor2W5)
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Project Location Map
City of Tukwila
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2006 Overlay Program
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CONSULTANT SELECTION
2006 OVERLAY PROGRAM
W&H David Evans
Pacific Perteet & Associates
Project Manager 1 1 1
Pavement Design / Rehabilitation
Repair Experience 1 1 2
Agency Overlay
Program Management 1 1 1
Tukwila Overlay
Program Knowledge 1 2 2
Pavement Management
System Experience 2 1 3
Expertise Using
Federal Funds 1 2 2
TOTALS 7 8 11
Score consultant 1 to 4, with 1 being highest and 4 being lowest.
Lowest score is consultant ranked highest.
CONSULTANT AGREEMENT FOR
ENGINEERING DESIGN SERVICES
TillS AGREEMENT is entered into between the City of Tukwila, Washington, herein-after referred
to as "the City", and W &H Pacific, 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 2006 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 60 calendar days :ITom
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 $99.656.35 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.
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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 pennitted 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, appli~able 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
2
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, brqkerage 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 .
3
16. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, W A 98188
Notices to Consultant shall be sent to the following address:
Sam Richard
W &H Pacific
3350 Monte Villa Parkway
Bothell, WA 98021
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
,20
CITY OF TUKWILA
CONSULT N\fT
BY:~_-~~
Steven M. Mullet, Mayor
Printed Name: Brad Bastin
Title: Vice President
Attest! Authenticated:
Approved as to Fonn:
Jane E. Cantu, CMC, City Clerk
Office of the City Attorney
4
ATTACHMENT "A"
CITY OF TUKWILA
2006 OVERLAY PROGRAM
SCOPE OF WORK
PROGRAM DESCRIPTION
Provide engineering design services to the City of Tukwila for preparation of the 2006 Overlay
Program. The candidate projects for,this program are included in the list of roadways shown below.
Site 1
Site 2
Site 3
Site 4
Site 5
Site 6
Site 7
Site 8
1.0
Street From To
South 144th Street Macadam Rd/515t Ave S 200 feet west
Southcenter Blvd. Macadam Road 53rd Avenue South
South 158th Street 42nd Avenue South 47th Avenue South
Slade Way South 160th Street 53rd Place South
Macadam Road South 128th Street South 133rd Street
South 130th Street East Marginal Way Macadam Road
Ramps Boeing Access Road Airport Way
Intersection East Marginal Way Boeing Access Road
Intersection of East Marginal Way with Boeing Access Road is a federally funded project and
will have its own bid package.
Slade Way includes design of a soldier pile wall.
MANAGEMENT, ADMINISTRATION, AND COORDINATION
The Consultant shall provide project management and administration, liaison with the City,
monthly progress reports and invoices. The Consultant shall attend and/or conduct up to
three (3) project related meetings with City staff, prepare and distribute meeting notes
(minutes) as necessary to coordinate the project activities.
2.0 QUALITY ASSURANCE I QUALITY CONTROL
The Consultant shall complete a quality assurance check prior to submitting any work for the
City's review. A quality assurance check shall be used to confirm that the design work
follows the City standards and that the work is professional quality, meeting industry
standards. The quality assurance check shall include review of engineering, drafting and
clerical errors or omissions. Lead designers shall review detailed technical work while it is in
progress, as well as after the work products are assembled for submittal.
The City will provide additional quality review. This will be coordinated with the Consultant,
Project Manager and pertinent staff members.
P:\PROJECTS\A- RW & RS Projects\06rw01 2006 Overlay\2OC6 overlay design SCOPE.doc
3.0 ON-SITE PROJECT REVIEWS
The Consultant shall review on-site conditions for each of the candidate projects to identify
the specific construction items to be included in the project improvements. The City shall
supply the Consultant with street pavement evaluation data or recommendations. Based on
the on-site field information and other data provided by the City, the Consultant shall provide
the City with recommendations for each of the projects No on-site pavement and subgrade
testing is expected for the candidate projects The Consultant shall submit a written
summary of the on-site findings to the City for review and approval
4.0 FINAL PLANS, SPECIFICATIONS, AND ESTIMATES
Based on the City approved project on-site findings list, the Consultant shall provide the
following engineering services consisting of the preparation of detailed construction
drawings, specifications, special provisions, construction cost estimates and other relative
information in accordance with the City of Tukwila standards
A. Prepare base maps at a scale of one (1) inch equals twenty (20) feet for each project. The
City shall provide the Consultant with DXF computer files of available mapping. The City
shall also provide the Consultant with electronic or hard copies of one (1) inch equals one
hundred (100) foot aerial photographs, utility plans, as-built drawings and other available
information.
B. Prepare construction plans for the overlay candidate projects, including the following'
a Plans shall be prepared with such provisions and in such detail as to permit
convenient layout in the field for construction and other purposes within a degree of
accuracy acceptable to the City. The plans shall be prepared using AutoCAD 2004
software
b. Plans shall show complete details forthe construction of the proposed improvements
including details for: paving, preleveling and limits of construction; widening for
shoulder stabilization, parking or walkways; curb, gutter, and sidewalk
improvements, drainage improvements necessary for subgrade stabilization such as
adding ditches and/or subgrade drains; existing surfacing preparation such as crack
sealing, digouts, utility trench repair and fabric interlayers; utility adjustments, and
channelization, signing, and signal detector loop replacements
c. Plans will include typical sections and special details other than standard details
available from the City, WSDOT, and APWA Standard Drawings
d. The horizontal scale for the plan sheets shall be one (1) inch equals twenty (20) feet.
e Finalize the plans and prepare project specifications including special provisions in
accordance with City review comments. The Consultant shall make such minor
changes, amendments, or revisions in the detail of work as may be required by the
City.
C Prepare bid items and calculate quantities for the contract proposal. Group streets into
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overall program schedule with contractor to bid on summary of total quantities.
D. Prepare detailed project specifications including special provisions The City shall provide
an electronic copy of the contract provisions to be modified and a copy of the City standard
details and a copy of the standard notices, forms, and certificates to include in the
specifications.
E. Prepare a final engineer's estimate of construction costs based on the construction plan
sheets, bid item quantities, and current bid prices
F. Submit plans for City to review at approximately the fifty (50)and ninety (90) percent stage of
completion and respond to the City's review comments following the submittals The
Consultant shall provide one (1) reproducible plan set, one (1) cost estimate, and (1)
specification at the ninety (90) percent complete submittal. The City will return one (1) "red-
line" plan, specification and cost estimate with review comments.
G Provide the City with 35 sets of Half-size plans, 35 sets of provisions and 10 sets offull size
plans.
H Provide to the City all final mylar plan sheets (22" x 34"), design calculations, and project
specifications including special provisions on 8.5" x 11" sheets Provide electronic files of
plan sheets! provisions.
I. Supply information to prospective bidders with respect to design and prepare addenda as
necessary during bidding period to support the City staff.
J. Attend bid opening, prepare a tabulation of bids received, check references and
qualifications of low bidder, prepare recommendation letter, and attend preconstruction
conference with the successful bidder.
TIME OF BEGINNING AND COMPLETION
The Consultant shall not begin work under the terms of this agreement until authorized in
writing by the City. The estimated notice to proceed date is March 7, 2006 Final plans,
specifications, and cost estimate shall be submitted to the City by May 2, 2006 (8 weeks
including City review time.)
OPTIONAL SERVICES
Some survey work is anticipated This contract includes up to 12 hours of a Consultant
supplied survey crew as needed.
C"\Documents and Seltings\srichard.OOO\Local Seltings\Temporary Internet Files\OLK26\2006 overlay design SCOPE,doc
2006 OVERLAY PROGRAM
PS&E
Transportation Committe~
February 13, 2006
Present: Joe Duffie, Chair; Pam Carter, Joan Hernandez
Jim Morrow, Steve Lancaster, Dereck Speck, Frank Iriarte, Bob Giberson, Gail
Labanara, Cyndy Knighton, Robin Tlschmak, Chuck Pamsh, Jim Soukup; HNTB
1. Sound Transit 2 Sound Transit hopes to present a [mal lIst ofprojects to voters this fall as
Sound Transit 2. Steve presented the six projects that directly affect Tukwila. A letter from
the Mayor to Sound Transit will list the CIty'S pnorities. The current order is Project S17
Sounder Permanent Station at Tukwila, S13 Express Bus 560 (double service), S3 Link LRT
(study future lIght rail lines in South KC), SII Express Bus (shadow the Sounder runs wIth
buses for expanded service to the stations), S24 Sounder Expanded (add 12 additIOnal tram
trips) and finally S10 Express Bus (Kent to SeaTac airport). Steve said the bulk of the
election material wIll probably include light rail to Northgate and south to Federal Way. Joan
asked if the Tukwila station was always just a platform and Pam told her that only those with
parkIng garages have "statIons". Information only. Committee agreed with prioritized
list. will return to TC and COW as Sound Transit pares down the list ofproiects.
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2. 2006 Overlay Program Consultant Selection TIme to design the 2006 Overlay whIch
includes a wall design along Slade Way m response to the current landslides, Macadam Rd
mcludes curb, gutters and sidewalks for the Normed mitigation that was receIved in 2005 and
the Intersection ofBAR/EMW where we have a federal grant. Pam requested that the scope
of work be changed fron'i listing Pac Hwy to Tukwila Int'l Blvd. There IS $100,000 budgeted
for design. Pam asked what would happen If the same contractor bid on this project that did a
substandard job on BAR/EMW, could we refuse the bid? Jim told her yes, they would be
considered not responsible as we investigate the references of the contractor. Jim also said
that we will now have to advertise for every consultant on federal projects as opposed to our
current practice of using the consultant works roster, which will add 3-4 weeks to the project
and additional costs for advertising. Unanimous recommendation to send Consultant
Agreement for 2006 Overlay to CO\V and Regular meetin2: for lVlavor's signature.
3. Klickitat/SC Pkwy (Tukwila Urban Center Access Improvement Project) Consultant
Supplemental Agreement Jim handed out a new sheet explaining thecosts and the funds
available. Phase I of design with HNTB was for only 30% and we are pleased with their
progress. This supplement will finish design with the hope to advertise for constructIOn by
the end of2006, If funding is available. Joan asked about the pedestnan stairs that will
connect KlickItat walkway into the mall and Pam C confirmed that the signals will be video
and not traffic loops and will be hooked up to the other signals m the CBD. Also confirmed
that the Arts Commission will be told on 3/7 about this project and the Transit Center for
input of public art. As funding is expected and not confirmed, HNTB will be gIVen
incremental Notice to Proceeds to correspond wIth approved grants and we would be able to
stop If there is a funding change. Unanimous recommendation to send Consultant
Supplement to CO'V and Regular meetin2: for lVlayor's signature.
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