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HomeMy WebLinkAboutReg 2003-12-15 Item 7A - Agreement - 2004 Repair and Overlay Program with KPG Inc for $68,523.79ITEM INFORMATION n 3 1 Original Agenda Date: December 15, 2003 Agenda Item Title: 2004 Repair and Overlay Program Consultant's Agreement with KPG Inc. CAS Number: 03-165 I Original Sponsor: Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: I Cost Impact (if known): I Fund Source (if known): Meeting .Date 1 12/15/03 Meeting Date 12/15/03 Council COUNCIL AGENDA SYNOPSIS tom§ x Meeting Date 12/15/03 Initials Prepared by 1 Mayor's review 1 Council review 1 RT,Ir p er-- 1 .eC5 I I I I I Admin. Authorize the Mayor to sign the agreement with KPG, Inc. Forward to Regular Same as Sponsor $68,523.79 104/02 Commercial Streets s PP,. OF DPNCIT,' AC Action AP PENDICES r Y Attachments Information Memo dated December 10, 2003 Consultant Selection Memo with Rating Sheet Consultant's Agreement Transportation Committee Meeting Minutes from December 8, 2003 ITEM NO. 76? Public Works The contract is for the design of the 2004 Repair and Overlay Program The street improvements include overlay for 57 Ave S, Ryan Way, Olympic Dr, 43` Ave S, Strander Blvd (WVH-Bridge), 16 Ave S (Bridge to N City Limit), and S 124 St. To: Mayor Mullet From: Public Works Directo (T!) Date: December 10, 2003 lJ Subject: P.S. E. Contract 2004 Overlay Program ISSUE Authorize the Mayor to sign a design contract with KPG, Inc., to provide P.S. E. for the 2004 Overlay Program BACKGROUND The City has budgeted to construct necessary street overlays and repairs on an annual basis. Funding to design the 2004 Overlay Program has been included in the 2003 budget. KPG, Inc., is the consultant selected to provide Plans, Specifications, and an Engineer's Estimate for bidding and construction of the 2004 program. The budget and estimated cost breakdown by phase is: Actual Budget Preliminary Eng. (2003) 59,500.86 70,000 Preliminary Eng. (2004) 68,523.79 92,000 Construction 1,273,000 Construction Engineering 160.000 Total $_1_59$.00.0 The streets included for overlay are. 1. 57 Ave S (139 144 2. Ryan Way (MLK -51 Ave S) 3. Olympic Dr. (Riverside Glacier) 4. 43` Ave S (160 —Dead End) ANALYSIS INFORMATION MEMO 5. Strander Blvd (WVH Bridge) 6. 16' Ave S (Bridge N City Limit) 7. S 124 St (42 1d Ave 5-48 Ave S) A contract with KPG, Inc., for preparation of P.S. E has been negotiated in the amount of $68,523.79. This contract is within budget and will provide design for the 2004 Overlay Program to be constructed next year. [The 2004 budget includes the cost of overlay of Strander Blvd. (Andover Pk E Green River) and is being designed as part of a storm drainage project by a different consultant.] RECOMMENDATION Authorize the Mayor to sign the contract with KPG, Inc., in the amount of $68,523.79. attachments: Contract INFORMATION MEMO To: Mayor Mullet From: Public Works Director) Date: December 3, 2003 Subject: 2004 Overlay Proiect Consultant Selection ISSUE Select a consultant to provide design and PS E for the City's 2004 Overlay project. BACKGROUND The C.I.P. includes the Annual Overlay Program to provide repairs and overlays on the City's street system. Design of next year's overlay program needs to take place now in order to construct during the dry summer months. ACTION TAKEN Three (3) 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 the unanimous selection by the raters. (Rating sheet is attached.) Few firms specialize in providing overlay design services for local agencies, thus KPG, Inc., offers more experience in overlay program design than any other firm evaluated. KPG, Inc., has been the design consultant for the City's Overlay Program since 1992 and continues to provide quality work in a timely manner and within budget. RECOMMENDATION Authorize staff to negotiate a contract with KPG, Inc., to provide design and PS E for the City's 2004 Overlay project. attachment: Rating Sheet n ajaMM R W R RS Pr*cts tMRW OfltaS laj CONSULTANT SELECTION 2004 OVERLAY PROGRAM Project Manager Pavement Design Rehab. Repair Experience Agency Overlay Program Management Tukwila Overlay Program Knowledge Pavement Management System Experience Totals Perteet 2 2 2 I 8 David Evans Assoc. KPG, Inc. Score. consultant 1 to 4 with 1 being highest and 4 being lowest. Lowest score is consultant ranked highest. 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 04 -RW01, 2004 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 180 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 $68,523.79 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, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement. With respect to the perform- ance of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents and employees 8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/ aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an inde- pendent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall 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. 7 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, colon, 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 Notices to Consultant shall be sent to the following address- 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 CITY OF TUKWILA CONSULTAN Steven M. Mullet, Mayor Attest/Authenticated: Approved as to Form: Jane E. Cantu, CMC, City Clerk Office of the City Attorney City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 KPG, Inc. 753 9th Avenue N. Seattle, WA 98109 By: Nelson Davi Principal Title: ,2003 l 4 16 Avenue South Ryan Way 57 Avenue South Strander Boulevard 43` Avenue South South 124 Street Olympic Avenue South Exhibit A City of Tukwila 2004 Overlay Program Scope of work December 9, 2003 TASK 1 -2004 OVERLAY PROGRAM The Consultant shall prepare final Plans, Specifications and Estimates for the following overlay projects: Bridge deck to north city limit Martin Luther King Way to 51 Avenue South South 144 Street to South 139 Street East bridge deck to West Valley Highway South 160 Steet to dead end 42 Avenue South to 48 Avenue South grinding S Glacier to S Riverside 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 each) will be prepared at the 50% and 90% stages 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. An allowance of $2,500 is included for specialty pavement review of rutting that has occurred on South 124 Street. This may include pavement coring, testing, or non destructive testing as appropriate. Permitting, environmental documentation, or stormwater detention and water quality have not been included in this scope and estimate. Exhibit B 2004 Overlay Program KPG Inc Transportation Committee December 8, 2003 Present: Richard Simpson, Chair; Dave Fenton, Pam Carter Jim Morrow, Bob Giberson, Frank Iriarte, Robin Tischmak, Lucy Lauterbach Agenda items: 1. TIB Grant Annlication Results Formal results from the applications for grants from TIB were discussed. The Tukwila International Boulevard (TIB) Phase 3 project was the project that would have been the next chosen, but funding ran out just above it. The other two projects finished far down the list. S. 144` from TIB to 42' has little prospect of getting a grant; but traffic signal interconnect may be in line for a federal grant if all goes well. To address TIB not getting a grant, Robin and Bob will work with KPG on the design of TIB Phase 2 to include a pared down design of Phase 3. Options that will be presented to save money in Phase 3 include more narrow sidewalks; sidewalks only on the ;side that is not an extremely steep hillside above; and no undergrounding. Lucy asked why Public Works wouldn't wait until the next funding cycle since they were top rated now, and was told the timing was off, as the department wants to design this winter and be ready to construct before the grants are announced next year. One thing that hurt the project in the ratings was that there was no private funding accompanying the project Information. 2. 2004 Overlay Proiect Staff is ready to select a firm to do the 2004 street overlay project. They have again selected KPG who has done a good job at this for the City since 1992. Staff said that not too many cities are doing overlays any more, and fewer contractors remain in that business. Another problem is that when a company is successful at getting projects they then get so popular they can't hire enough workers to complete all the jobs they win. Robin said the earlier we get designs done the earlier we can put out the bids for overlay, which works in our and the contractors' favor. Pam asked that staff include the projects to be designed in the packet when it goes to Council next week. Recommend negotiating overlay nroiect with KPG to Regular Meeting. 3. Organizational Changes Jim said the Sound Transit (S.T.) project is very difficult and time consuming for staff. He gave one example of staff spending time marking up maps Sound Transit had made of drainage on S. 154` When they handed it in, S.T. said they'd changed their minds and weren't working off that map anymore. Jim has decided to use the City Engineer, Brian Shelton, as the Sound Transit expert. Brian will spend full time on that project as the person who knows the most about the technical issues that will be involved. To cover Brian's regular work, Jim wants to use Bob Giberson as City Engineer. He checked with Viki Jessop, who has told him the issue needs Council approval. Bob's out of class work would raise his salary by $8,000. Dave asked if Alan had been told about this, and Jim said he had. Recommend issue to Council for aanroval. ass