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HomeMy WebLinkAboutCOW 2005-02-14 Item 4A - Contract - 2005 Overlay and Repair Design Consulting with W&H Pacific for $38,384.92 J ,etillA. 1y COUNCIL AGENDA SYNOPSIS 'rinds ITEM NO. f� i, i Meairz Date I Pnpard b i Mayor's review i Cp rail reriev mN� j 2 I 2/14/05 I R131 -t'{ I L-- t 1 1 I 1 1 4 a, I I 1 1 I ITEM INFORMATION I CAS NUMBER: 05-017 I OmGIu. AGENDA DATE: FEBRUARY 14, 2005 AGENDA ITEM TITLE 2005 Annual Overlay and Repair Consultant's Agreement with W&H Pacific. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other a\ItgDate Aftg Date MtgDot. MtgDate \ftg Date MtgDate JltgDate:2 /14/05 (SPONSOR cows Mayo Adm Svcs DCD p Finance Fin Legal Polt. Police PIY/ 1 SPONSOR'S The contract is for design of the 2005 Annual Overlay and Repair Program. The street SUMMARY improvements include overlay for 43` Ave S (S 160"' to north end), S 164 St (Military to 51 49 Ave S (S 164 to north end), Macadam Rd S (5 150 to S 144"'), S 115 St (Interurban to 40 Southcenter Blvd (61 to 66 and 42" Ave S (Interurban to S 124). REVIEWED BY COW Mtg. CA&P Cmte F&S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 1/24/05 RECOMMENDATIONS: SPONSOR/ADMIN. Authorize Mayor to sign the consultant's agreement with W&H Pacific. Co?n nr TEE Forward to COW and then Regular with approval. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $38,384.92 $275,000.00 Fund Source: 104.02 Commercial Streets (page 48, 2005 CJP) Comments: Total amount budgeted for Engineering also includes construction management and design of 2006 projects. MTG. DATE I RECORD OF COUNCIL ACTION 2/14/05 1 1 I I I I I MTG. DATE I ATTACHMENTS I 1 2/14/05 1 Information Memo dated January 19, 2005 Consultant Selection Rating Sheet Consultant Contract with Scope of Work 1 Transportation Committee Meeting Minutes from January 24, 2005 1 1 1 i INFORiv1ATION MEMO To: From: Date: Subject: Mayor Mullet Public Works Directo~ January 19, 2005 2005 Overlav Pro!!l'am - Consultant Selection. Scope of Work. and Fee Estimate ISSUE Select a consultant to provide design'and PS & E for the City's 2005 Overlay Program. BACKGROU1\'D The C.I.P. includes the Annual Overlay Program to provide repairs and overlays on the City's street system. Design of this year's overlay program needs to take place now in order to construct during the dry summer months. 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. W &H Pacific was selected as the most qualified. (Rating sheet is attached,) KPG, Inc., has been the design consultant for the City's Overlay Program since 1992, but was not considered for this project due to their commitment necessary for other Tukwila projects anticipated throughout 2005. RECOMMENDATION Approve the selection of W &H Pacific as the 2005 Overlay Program design consultant and authorize the Mayor to execute a contract with W&H Pacific in the amount of $38,384.92. attachments: Rating Sheet, Scope of Work, Fee Estimate (P"~_""'i.Wa:RS~<<i.ft1Jrr.' ')(.~ CONSULTANT SELECTION 2005 OVERLAY PROGRAM W&H David Evans Pacific Perteet & Associates Project Manager I 2 / Pavement Design I Rehabilitation Z Z 3 Repair Experience Agency Overlay , 2 Program Management I 2- Tukwila Overlay L 2 Z Program Knowledge Pavement Management } / l System Experience TOTALS 7 9 /0 Score consultant 1 to 4 with 1 being highest and 4 being lowest Lowest score is consultant ranked highest CONSULTAi'\'T AGREEMENT FOR ENGINEERING DESIGN SERVICES TillS AGREEMENT is entered into between the City of Tulmila, 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 2005 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 co=ence 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 rrom 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 $38,384.92 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 ,viII 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/ oj J- 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 infonnation, 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, ITom and against any and all claims, losses or liability, including attorney's fees, arising ITom 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 perfonn- ance of this Agreement and as to claims against the City, its officers, agents and employee", 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 ITom 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 ITom 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. Insnrance. 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 po]icy except upon thirty (30) days prior written notice to the City. Certificate" of coverage as required by this section shall be delivered to the City \vithin 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 \vith 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, 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 rrom 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-\Vaiver. 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, ifthe 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 ofTukwila shaH be sent to the following address: City Clerk City ofTukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Sam Richard W &H Pacific 3350 Monte Villa Parkway Bothell, W A 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 TUK\VILA CONSULTANT B;:S~~\~ Steven M. Mullet, Mayor Printed Name: Brad Bastin Title: Vice President Attest! Authenticated: Approved as to Form: JaneE. Cantu, CMC, City Clerk Office of the City Attorney 4 ATTACHMENT "An CITY OF TUKWILA 2005 OVERLAY PROGRAM SCOPE OF WORK PROGRAM DESCRIPTION Provide engineering design selVices to the City of Tukwila for preparation of the 2005 overlay program. The candidate projects for this program are included in the list of roadways shown below. The design of the overlay projects will generally follow the 50% review submittal plans prepared by KPG, dated December 4, 2004. Street From 43'" Avenue S S 160'" Street S 164'" Street Military Road 49th Avenue S S 164th Street Macadam Road S 220' S of S 1315' Place Macadam Road S S 150th Street S 115th Street Interurban Avenue S . Southcenter Blvd. 615' Avenue S . 42"" Avenue S Interurban Avenue S . Projects Not Included in KPG Plans To North End of Road 51s1 Avenue S North End of Road 170' N of S 128th Street S 144th Street 40th Avenue S 66th Avenue S S 124th Street 1,0 MANAGEMENT, ADMIN/STRAT/ON, AND COORDINATION Length 310' 2,550' 440' 1,180' 1,790' 1,030' 2,000' 1,140' 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 two (2) project related meetings with City staff, prepare and distribute meeting notes (minutes) as necessary to coordinate the project activities. 2.0 QUALITY ASSURANCE / 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. C:\WINDOWSlTEMP\2005 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 forty (40) 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 2002 software. b. Plans shall show complete details for the 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 forsubgrade stabilization such as adding ditches andlor 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 forty (40) 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 C:\WINDOWS\TEMP\2005 overlay design SCOPE.doc 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 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 eighty (80) percent stage of completion and respond to the City's review comments following the submittal. The Consultant shall provide one (1) reproducible plan set, one (1) cost estimate, and (1) specification at the eighty (80) percent complete submittal. The City will return one (1) "red-line" plan, specification and cost estimate with review comments. G. Provide the City with 40 sets of Half-size plans, 40 sets of provisions and 10 sets of full size plans. H. Provide to the City all final mylar plan sheets (11" x 17"), design calculations, and project specifications including special provisions on 8.5" x 11" sheets. Provide electronic files of plan sheets! provisions. I. Supply infonnation to prospective bidders with respect to design and prepare addenda as necessary during bidding period to support the City staff. J. 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 January 25, 2005. Final plans, specifications, and cost estimate shall be submitted to the City by March 1,2005.(5 weeks including City review time.) OPTIONAL SERVICES Upon written approval by the City, the Consultant shall provide engineering services beyond the scope of work identified in tasks 1.0 through 4.0. SelVices may include adding new streets to the programs, including projects with utility systems replacement, adding additional or increasing the existing design tasks or other work deemed necessary by the City. Such work will be specified in a written supplement to this agreement, which will establish the scope and costs. C:\WINDOWSlTEMP\200S overlay design SCOPE.doc 2005 Overlay Program ~ -gS3g,~ ~grt~% -..;::>- -.. ... ~. "" -;; ~8 j ~q.~q --- ~ " ~ ~g8~2:. ...-aacrigYl, E~ - 0'" - -~ <I> ?~-o ~s:. " o " u 0 -';\0 '" gg-~ _'SM~ '% ~~ 0'" o o ,; .g ~ ~ ~ ~ ~ \! if> A g ~ " 1\ .€, ~ ~-% ~ ~:t.~ $:.'a~ -~.~~ ~ ->)< po~ ~t...; ~~.g~< ~ ~-~ ~~ -e.~O~~O 1!'$~O~~ ;,; '" '" ~ ~ "' g ,; -ft o .:t> ... i::. '" ~8 <i> ~ ~ .., - ;> '" ~ U '" "?, '" '" ,; ~3S.g.~ ~~QO;' '" - ,. ..,;< $. ~. '" -' ~ '" i '" -"'- .- '" ~:3 0~ ~ -- '" :3g- 3 '" .. ~ ~ .,., ;> '" ~ u '" "?, 'i ~ .. '" .~ ~ ~ ;,; '" u - ";> ~ oft i ~ - ~ ... c 1) :3: .~ ~b "-,,, 'ojE~ " i ~ '5 c .S ~~~c.' .'.1"-,,,,0-' . ' ' ,.(. -.;~"S~b f.~??2" 'B U ~ '" oft i ~ ~ o 'i ~ ~ ~ u u -~ oft "" ~ ~ s: .;; !6' - Transportation Committee January 24,2005 Jim Haggerton; Chair Joe Duffie Pam Carter Jim Morrow Bob Giberson Gail Labanara Robin Tischmak Frank marte Pat Brodin Cyndy Knighton Rhonda Berry Lisa Verner LucyLauterbach Brent Carson David 1vlarkley Dave Kautz Bill Arthur Greg Sherlock 1. Boeing Access Road Bridge Deck Proiect Acceptance Concrete Barner, Inc won the contract to reconstruct the bridge deck and overlay the Boeing Access Bridge over the railroad. The work was done last summer, and had one price overrun due to increased depth of bridge deck removal, repair and bridge deck overlay. The project has been approved, and is ready for final acceptance. It is within budget. Recommend contract approval on consent agenda of a Regular Meeting. 2. 2005 Traffic Count Contract Traffic counts are done monthly at 12 locations, and annually in the CBD. Requests for proposals led to a proposal that is even lower than last year's contract. Traffic Data Gathering won the contract with a proposal for 55,275. Committee approval. 3. 2005 Overlay Staff explained that they did not include KPG, who has done the design for ~. street overlays fur many years in Tul-wila, to bid, as they are involved in too many Tukwila \ '.. projects already. Thr~e otherfmns,"we~e. sh()rt~listed, and W &H Pacific was selected. They \~ill , design 43'" Ave. 160'"-end; S. 164' j\Ohhtary-)I "; 49'" Ave. S S.I64'" - end; Macadam Roaa S. , S. of 131stPI- N.ofS.128Ih; !vfacadam Road S. S. ISO'"-S. 144!"; S. !IS'" Interurban to 40'"; and tow alternatives: SouthcenterBh'd 61"_66'"; and 42nd Ave. Intenuban- S. 124'". Approve selection of'V&H to design 2005 overlay to CO'V and Regular iYleetings. 4. Crosswalk Request The School Disirict has asked the City to approved a mid-block crosswalk at Thorndyke from the school to across S. 150'". The problem is that the parking lot gets too congested by all the parents who pick their kids up. Some parents wait on the north side ofS. 150'", and with all the traffic, the school thinks it dangerous for kids'to be crossing to those waiting parents. Jim H agreed with Jim lvI's suggestion that it's a children/parent problem. A crossing guard could be used instead of a crosswalk, which provides a false sense off safety. Jim H also noted a better method would be to build the roadway from the parking lot to go around the school, coming out on the east side of the school. The school had looked at that, ,md asked if the City would build it. Committee support for Public Works decision. 5. Klickitat Design Consultant Selection A report was done after a charette and study on the Klickitat area. A Modified 3-B option would haye brought a flyover ramp oYer 1-5 !Tom the southbound 1-5 lanes. When.they asked for design proposals from three firms, they offered 510,000 if the firms would look at Option 3-B and analyze its feasibility, cost-benefit, and perhaps suggest another alternative. The finn HNTB came up with what staff described as an elegant and simple replacement for the flyover. It is a combination bridge under the- northbound