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HomeMy WebLinkAboutTrans 2011-11-07 Item 2C - Agreement - 2012 Overlay and Repair Program Design with KPG IncCity of Tukwila INFORMATIONAL MEMORANDUM TO: Mayor Haggerton TRANSPORTATION COMMITTEE FROM: Bob Giberson, Public Works Director DATE: November 4, 2011 SUBJECT: 2012 Overlav and Repair Proaram Project No. 91110404 Consultant Selection and Agreement ISSUE Execute a contract with KPG, Inc. to provide design services for the 2012 Overlay Program. BACKGROUND The City generally uses the Municipal Research and Services Center (MRSC) consultant roster whenever possible to select engineering firms to provide necessary services. In this instance, all of the projects included on the overlay list for 2012 were carried over from the 2011 Overlay Program designed by KPG, Inc. A preliminary +30 design was completed in 2011 in order to estimate construction costs to determine which projects could be constructed within the budget. More projects were identified than could be constructed within the 2011 budget. Since KPG has already prepared preliminary plans for each project segment, it is unreasonable to expect another firm to compete with KPG in a knowledgeable and cost effective manner. Therefore, it is recommended to contract with KPG, Inc. to complete design of the projects started in 2011 that are proposed to be constructed in the 2012 Overlay Program. KPG has performed very well on previous City projects. Starting the design process in the fall and advertising for construction bids in January or February of each year allows the City to take advantage of the optimal bidding climate that usually occurs early in the year. The list of streets for the 2012 Overlay Program was developed using the City's Pavement Management Program with input from engineering and maintenance staff. DISCUSSION KPG, Inc. has provided a contract, scope of work, and fee estimate to complete design of the 2012 Overlay and Repair Program and advertise for construction bids (see attached). Contract Budget Final Design 2012 $79.986.87 $100.000.00 Tukwila Parkway: Andover Park W to Bahama Breeze (including 61St Ave S to bridge) 2. S 150th St: 3. Beacon Avenue: 4. Andover Park East: 5. Andover Park West: 6. 49 Avenue South: 7. S 114th St: RECOMMENDATION Tukwila International Blvd to 42 Ave S Bangor St to S 107th St Strander Blvd to Tukwila Parkway S 180th St to Minkler Blvd (including intersection) S 107th St to S 114th St 49th Ave S to 51 It Ave S The Council is being asked to approve and forward the proposed contract with KPG, Inc. in the amount of $79,986.87 for consideration at the November 14, 2011 Committee of the Whole meeting and subsequent November 21, 2011 Regular Meeting. Attachments: Vicinity Map Contract, Scope of Work and Fee Estimate WAPW Eng\PROJECTSW RW RS Projects191210401 2012 Ovedaonfo Memo Consult Select 11 -4-11 gl.doa Jim Haggerton, Mayor 33 n S i 9s Fypinier ,p 5 1 3 m Country 9titp 6116 61166 tis3i m 1�r 4 S 4208 1 w 3 NO st 1 1 1 6 y t 3133 St s t V W y m y 3138 t�5 t36 bi K h Course 1 st 51355E W o+ 'i 13 i s F g 13891 S'131 St 'O i 3 9 8 Q'i Course �4 3, w J 3,40 St 6I42 3,4 St aa�� y u a m a 3144 148 31425 S1MS .y S Fort 3 g 1 91 5t m w a S 146 3t'.y� Oed 5149 at P°1K' 1 1 e H s1483t m} 6150` -154 3149 g 146 3,,48 St b" t 15,5531. g 51St g 1 a f 3153 r ts,ws m s SS 515261 s z s153 1P Sim Sk 9154 wkNey 1 S 154 St It s 1 m 3188 A% �6yy s 6Kd s 5161 St �a I s 5,88 St MWlar`d Or t T 8a� or J a._ 3 SW 3,805 s e J 1 a Or Overlay Repair Program 20 1 r Vicinity ILA f 1 kujLa tu ber 2 2p11 w1 C 2t g o clove y m CONSULTANT AGREEMENT FOR ENGINEERING 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 engineering design services in connection with the project titled 2012 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 $79,986.87 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. 35 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 2 NR 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 ply. 3 37 16. Notices. Notices to the City of Tukwila shall be sent to the following address: City of Tukwila 6200 Southeenter 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 agrecments written or oral. This Agreement may be amended only by written instrument signed by both the City and the Consultant. DATED this CITY OF TUKWILA Jim Haggerton, Mayor Attest/Authenticated: Christy O'Flaherty, CMC, City Clerk 2011 day of CONSULTANT I i Title: Principal Approved as to Form: Office of the City Attorney 4 38 ..1:171 City of Tukwila 2012 Overlay Program Scope of Work November 1, 2011 PROJECT DESCRIPTION The Consultant shall prepare final Plans, Specifications and Estimates for the 2012overlay program. Specific projects will be determined from the following list of candidate streets: Tukwila Parkway Andover Park West to Bahama Breeze (including 61st Ave to S -line bridge) S 150th St Tukwila International Blvd to 42nd Ave S Beacon Ave Bangor St to S 107th St Andover Park West S 180` St to Minkler Blvd. Andover Park East Strander to Tukwila Parkway 49th Ave S S 107th St to S 114th St S 114th St 51 st Ave S to 49"' Ave S The Consultant performed preliminary mapping and design to the approximate 30% level of completion for budget estimating purposes in 2011. Design and specifications for all project segments will be completed through the 90% and final bid documents. Projects will be included in the 2012 overlay program for a total construction budget of approximately $1 Million. The Consultant shall provide all necessary field reviews, base mapping, and utility notification required to complete final bid documents. The Consultant shall also prepare the bid tabulation, check low bidder(s) references, and provide a recommendation for award to the City. 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 90% design to verify the final project list to be included in the 2012 Overlay Program. An allowance is included to provide support to the City's pavement management system. This work will be performed by the Consultant and/or Pavement Engineers Inc. under subcontract to the Consultant as required. The City of Tukwila may require other services of the consultant. These services could include additional design, right of way, construction phase services, or other work tasks not included in the scope of work. At the time these services are required, the Consultant will provide the City with a detailed scope of work and an hour and fee estimate. The Consultant will not proceed with the work until the City has authorized the work and issued a Notice to Proceed. City of Tukwila KPG, Inc. 2012 Overlay Program Page 1 of 3 November 1, 2010 39 SCOPE OF WORK TASK 1 MANAGEMENT /COORDINATION /ADMINISTRATION 1.1 The Consultant shall provide continuous project management and administration for the duration of the Project. (Estimate 6 months). Hold project coordination meetings with the City to update progress and review submittals. Assume (4) meetings. The Consultant shall provide monthly status reports and billings. 1.2 The Consultant shall provide independent QA/QC reviews by senior in -house staff of all deliverables prior to submittal to the City. TASK 2 PREPARE PLANS, SPECIFICATIONS AND ESTIMATE 2.1 The Consultant shall finalize base maps for all of the project segments using field measurements, available record drawings and ortho- photography. 2.2 The Consultant shall prepare final Plans for the proposed improvements including the following: Plans shall be prepared with such provisions in such detail as to permit field layout and construction within a degree of accuracy acceptable to the City and per industry standards. It is assumed there will be eighteen (18) plan sheets at 1 =20' scale full size (22" X 34 1 =40' at reduced scale (11" X 17 Typical sections and details will be prepared for items not available as standard details from the City, State, or APWA standard drawings. The Plans shall illustrate complete details of construction of the proposed improvements including limits of construction and removals, utility adjustments, surfacing depths and details, and applicable channelization and signing. The Consultant shall perform Project site walkthroughs with the City to determine extent of roadway improvements /resurfacing (Estimate 2 meetings). Pavement sections will be determined through consultation with the City's maintenance staff and previous experience. 2.3 The Consultant shall calculate quantities and prepare Engineers Estimate of Probable Construction Cost for each review submittal and the bid documents. 2.4 The Consultant shall prepare the Contract Specification per 2012 WSDOT Standard Specifications. 2.5 The Consultant shall distribute 90% and Final review submittals to franchise utility owners for utility adjustments within the Project limits. City of Tukwila 2012 Overlay Program Page 2 of 3 KPG, Inc. November 1, 2010 40 2.6 The consultant shall assist the City with Project Advertisement and Award by uploading plans and specifications to bxwa.com, preparing addenda, bid tabulation, and recommendation for award.. Assumptions Field survey will not be required. Typically, only surface utilities requiring adjustment to grade will be shown. No federal funding is anticipated for the Project engineering or construction. No utility upgrades are anticipated in the project design. Drainage Water Quality Reports will not be required. Geotechnical Engineering services will not be required. Environmental Documentation will not be required. Deliverables 90% review submittal with Plans, Specifications, and Estimate. Bid Documents and Engineer's Estimate 6 sets of Plans (11" X 17 and specifications provided for each review submittal. 10 sets of Plans (11" X 17 and specifications for the Bid Documents. Coordinate upload of Plans and Specifications to Builders Exchange. TASK 3 PAVEMENT MANAGEMENT SUPPORT (AS NEEDED) 3.1 The City may require other services of the consultant in updating the City's Pavement Management Program. This work will be conducted on an as needed basis within the budget allowances contained in Schedule B. 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