HomeMy WebLinkAboutTrans 2014-05-27 Item 2C - Agreement - East Marginal Way South Design with TransOlympic EngineeringCity of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Directorre9
BY: Dave Sorensen, Project Manager
DATE: May 23, 2014
SUBJECT: East Marginal Way S (BAR — S 112th St)
Project No. 98910405
Consultant Selection and Agreement
ISSUE
Approve a consultant agreement with TransOlympic Engineering, Inc. to provide a design report for East Marginal Way S.
BACKGROUND
East Marginal Way South between Boeing Access Road and S 112th St has been identified as a capacity improvement
project in the City's transportation forecasting. The project is included on the mitigation list for transportation improvements
and traffic impact fees have been collected by the City.
A consultant selection process using the Municipal Research and Services Center (MRSC) Consultant Roster was
performed and six (6) engineering firms were evaluated to provide a Design Report (see attached scoring and selection
matrix). TransOlympic Engineering was scored as the most qualified to provide the requested design services as they have
prepared preliminary plans for several other municipal projects statewide and have performed very well.
DISCUSSION
The East Marginal Way S project is a design feasibility report which will consider the cost benefit of design and construction
of curb, gutter, drainage, lighting, turn lanes, traffic control, and other transportation improvements as identified in the final
report that could be needed over the next 20 years. Upon completion of the design feasibility report, staff will evaluate the
cost benefit to either move forward with full design or discontinue the traffic impact fee collection zone. The west half of East
Marginal Way S was completed by Sound Transit as part of the Link Light Rail Project.
FINANCIAL IMPACT
In the 2014 CIP, $50,000 is budgeted yet traffic impact fees collected to date total $112,642.00. TransOlympic Engineering
has submitted a design report contract for $88,032.00. Additional expenditures will be needed from the 104 Arterial Street
Fund's traffic impact fees.
Design Feasibility Report
Additional Traffic Impact Fee Revenue
Contract Budget Traffic Impact Fees
$88,032.00 $ 50,000.00 $ 112,642.00
33,032.00 (88,032.00)
$ 88 032.00 $ 24 610.00
RECOMMENDATION
Council is asked to approve the consultant agreement with TransOlympic Engineering, Inc. in the amount of $88,032.00 for
the design feasibility report for the East Marginal Way S (BAR — S 112th St) Project and consider this item at the June 9,
2014 Committee of the Whole and subsequent June 16, 2014 Regular Meeting.
Attachments: Consultant Selection Matrix
Page 27, 2014 CIP
Contract, Scope of Work, and Fee Estimate
W: \PW Eng \PROJECTS\A- RW & RS Projects \EMW Feasibility (BAR - 113) (98910405) \Consultant Selection \To TC \Info Memo Consult Select & Contract 5- 23- 14.docx
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CONSULTANT SELECTION
E. Marginal Way 9 (BAR - S. 112 St)
For each category, highest score is 1 (with the lowest or worst score at 4)
Consultant with the lowest score is ranked the best.
20
DKS Associates
TransOlympic
Engineering, Inc.
KPFF
Parametrix
Perteet
W & H
Pacific, Inc.
Survey Crew In -House
3
1
1
1
1
1
Bikeway & Walkway
Design
2
2
2
2
2
2
Past Performance on Similar
Projects
4
2
3
2
3
3
Stormwater Drainage &
Detention Design
2
2
3
2
3
3
Pedestrian Path / Facilities
Planning and Design
3
2
3
3
3
2
Recent Experience with Tukwila
Standards and Procedures
4
4
3
4
4
4
TOTALS
18
13
15
14
16
15
Justificaiton of Prevailing Consultant: Based on rewiew of the consultants website and MRSC online profile, including completed projects,
TransOlympia Engineering was chosen to perform this study. This contract includes the possiblity the consultant could be chosen to provide further
design work, including a Prelimanry Engineering contract.
For each category, highest score is 1 (with the lowest or worst score at 4)
Consultant with the lowest score is ranked the best.
20
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2014 to 2019
PROJECT: E Marginal Way (BAR - S 112 St) * Project No. 98910405 Zone 4
DESCRIPTION: Design and construct curb, gutter, drainage, lighting, turn lanes, and traffic control.
JUSTIFICATION: Safety, capacity, and drainage items needed to serve this area of increasing vehicle and pedestrian traffic.
STATUS: Design report needed. Project will include improvements in conjunction with Sound Transit Light Rail.
MAINT. IMPACT: Reduction in maintenance.
COMMENT: Project is on impact fee list for only the design costs.
FINANCIAL Through Estimated
(in $000's)
2012 2013 2014
2015
2016
2017
2018
2019
BEYOND TOTAL
EXPENSES
Design
50
170
220
Land (R/W)
700
700
Const. Mgmt.
280
280
Construction
2,150
2,150
TOTAL EXPENSES
0
0
50
0
0
0
0
0
3,300
3,350
FUND SOURCES
Awarded Grant
0
Proposed Grant
1,300
1,300
Mitigation Actual
0
Traffic Impact Fees
113
50
990
1,153
City Oper. Revenue
(113)
0
0
0
0
0
0
0
1,010
897
TOTAL SOURCES
0
0
50
0
0
0
0
0
3,300
3,350
Project Location
2014 - 2019 Capital Improvement Program
27
21
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
CONSULTANT AGREEMENT FOR
ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and Trans Olympic Engineering, 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 services
in connection with the project titled E. Marginal Way (BAR — S. 112th ST).
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. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending December 31, 2014, unless sooner
terminated under the provisions hereinafter specified. Work under this Agreement shall
commence upon 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 no later
than November 30, 2014 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 he made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $88,032 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 as 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 the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
22
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 propel ty 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 rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in performance of this Agreement, except for injuries and
damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the Consultant's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of
this section shall survive the expiration or termination of this Agreement.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at
law or in equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
I. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident. Automobile Liability
insurance shall cover all owned, non-owned, hired and leased vehicles. Coverage
shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy shall he
endorsed to provide contractual liability coverage.
CA revised 1-2013
Page 2
23
2. Commercial General Liability- insurance with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall he written on ISO occurrence form CG 00 01 and shall cover
liability arising from premises, operations, independent contractors and personal
injury and advertising injury. The City shall be named as an insured under the
Consultant's Commercial General Liability insurance policy with respect to the
work performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
4. Professional Liabilitv with limits no less than $1,000,000 per claim and
$1,000,000 policy aggregate limit Professional Liability insurance shall be
appropriate to the Consultant's profession.
B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they
shall be primary insurance with respect to the City. Any Insurance, self-insurance, or
insurance pool coverage maintained by the City shall be excess of the Consultant's
insurance and shall not he contributed or combined with it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
D. Verification of Coverage. Consultant shall furnish the City with original certificates and
a copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Consultant
before commencement of the work. Certificates of coverage and endorsements as required
by this section shall be delivered to the City within fifteen (15) days of execution of this
Agreement.
E. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days' notice to the Consultant to correct the breach,
immediately ten-ninate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset against funds due
the Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall he 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.
CA revised : 1-2013
Page 3
24
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, religion, creed, color, national
origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political
affiliation or the presence of any disability 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 teens 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. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules. including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically understand and agree
that venue shall be properly laid in King County, Washington. The prevailing party in any
such action shall be entitled to its attorney's fees and costs of suit. Venue for any action
arising from or related to this Agreement shall be exclusively in King County Superior Court.
16. Severability and Survival. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any
other provisions hereof and all other provisions shall remain fully enforceable. The provisions
of this Agreement, which by their sense and context are reasonably intended to survive the
completion, expiration or cancellation of this Agreement, shall survive termination of this
Agreement.
CA revised : 1-2013
Page 4
25
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the .following address:
/Lir No,
1 8. Entire Agreement; Modification. 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. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
DATED this /2114 day of
CITY OF TUKWILA CONSULTANT
7T7-4/Vc-l-P°Pqf ‘-'1V6,;(inrkriez/ve:, //le.: -
By: *
11--41/4, 416
Mayor, Jim Haggerton
Printed Name: C-C1- ilf&A/Ya'
Title: fr(24/1/c/A44-
Attest/Authenticated: Approved as to Form:
City Clerk, Christy OTlaherty Office of the City Attorney
CA revised : 1-2013
Page 5
26
EXHIBIT "A"
City of Tukwila
E. Marginal Way (BAR — S. 112th ST)
Scope of Work
May 7, 2014
Scope:
TransOlympic Engineering, Inc. in collaboration with Skillings Connolly, Inc. is to provide
engineering services to the City of Tukwila for preparation of an alternatives
analysis /feasibility study to identify a project to improve East Marginal Way.
The work associated with this agreement involves the study of alternatives to improve
safety and levels of service for motorized and non - motorized modes of transportation
along East Marginal Way from the NB stop bar at the intersection of East Marginal Way
and the South Boeing Access Road to and including the intersection of East Marginal
Way with South 112th Street.
The goal of this project is to identify a preferred alternative that will provide the desired
outcome while being financially feasible.
Following is the scope of work to accomplish this goal:
Assumptions
1. TransOlympic Engineering will lead a team to provide the services required by this task.
2. Level 1 Screening will be conducted on a range of alternatives by a team of City,
TransOlympic Engineering, Skillings Connolly, and DKS Associates members. It will
consist of a qualitative approach (order of magnitude only, not actual quantities)
based on existing information and knowledge of the team representatives. The
screening criteria will include costs, constructability, environmental considerations
and the purpose and need of the improvement. The intent of the screening is to identify
"fatal flaws" and to qualitatively rank the remaining alternatives for the Level 2
Screening process to follow. No field data will be collected to support this effort.
3. Level 2 Screening will be conducted on the viable alternatives identified in the Level 1
process by a City selected evaluation team. It will be quantitative in nature and based
on conceptual designs to include footprints and key features that will impact cost and
constructability. Retaining walls, bridges, storm water facilities, channelization, signals
and other structural components, right -of -way acquisition,
27
displacements, environmental impacts and materials quantities will be utilized for the
analysis with the intent of providing rough estimates of types, sizes, locations, costs
etc.
Tasks
1. Develop a purpose & need statement that defines the purpose of the project and its
supporting need(s). Submit to the City for review. Incorporate review comments and
resubmit for concurrence.
2. Develop a list of reasonable alternatives for consideration in the Level 1 Screening
process.
3. Identify the environmental elements to be considered. Submit to the City for
review. Incorporate review comments and resubmit for concurrence.
4. Collect necessary environmental data via site visit and literature search.
5. Level 1 Screening:
a. Gather background data.
b. Evaluate reasonable alternatives & identify fatal flaws.
c. Apply Level 1 Screening criteria.
d. Meet with the City to review the reasonable alternatives evaluated and
initial screening. Select viable alternatives to be considered in the Level 2
Screening process.
e. Document the Level 1 Screening process in a Technical Memorandum.
Submit the Draft Technical Memorandum to the City for review.
Incorporate review comments and resubmit for concurrence as final.
6. Level 2 Screening:
a. Gather data, collect field data and prepare conceptual designs with
plans and cost estimates.
b. Develop Level 2 screening criteria to be used by the City evaluation team.
Submit to the City for review. Incorporate review comments and resubmit
for concurrence.
c. Meet with the City evaluation team to:
1) Present proposed viable alternatives.
2
28
2) Present proposed screening criteria.
3) Screen and rank viable alternatives. Select the preferred alternative.
4) Document the Level 2 Screening process in a Technical
Memorandum. Submit the Draft Technical Memorandum to the City
for review. Incorporate review comments and resubmit for
concurrence as final.
Deliverables
1. Purpose & Need Statement.
2. Level 1 Screening Technical Memorandum.
3. Level 2 Screening Technical Memorandum.
3
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EXHIBIT "B"
CITY OF TUKWILA
E. Marginal Way (BAR — S. 112th ST)
Fee Summary
NEGOTIATED HOURLY RATE (NHR):
Classification Man Hours X Rate = Cost
PRINCIPAL -IN- CHARGE 125 x $139.00 = $17,375.00
ENGINEER 62 x $85.00 = $5,270.00
TECHNICIAN 38 x $60.00 = $2,280.00
PROJECT ADMINISTRATOR 4 x $80.00 = $320.00
Total Hours = 230 Total NHR =
REIMBURSABLES:
Mileage 400 X $0.560 = 5224.00
Miscellaneous Expenses 51,085.00 x 10% = 51,193.50
Total Expenses=
SUBCONSULTANT COST (See Exhibit G):
Geotechnical $0.00 X 15% _ $0.00
Skillings Connolly $50,790.00 x 10% _ $55,869.00
DKS- Allowance 55,000.00 X 10% _ $5,500.00
** $0.00 x 10% $0.00
Total Subconsultants
SUB -TOTAL (NHR + REIMBURSABLES + SUBCONSULTANTS):
MANAGEMENT RESERVE FUND:
Sub Total =
SUB TOTAL = $88,031.50 x 0% = MRF
GRAND TOTAL
GRAND TOTAL =
PREPARED
30
EXHIBIT "B"
CITY OF TUKWILA
E. Marginal Way (BAR - S. 112th ST)
Sub Consultant Fee Summary
31
NEGOTIATED HOURLY RATE (NHR):
Classification
Man Hours
X
Rate
=
Cost
PRINCIPAL -IN- CHARGE
46
x
5146.00
=
$6,716.00
SENIOR PROJECT MANAGER
1
X
$0.00
=
$0.00
PROJECT MANAGER
93
x
$126.00
=
$11,718.00
SENIOR PROJECT ENGINEER
0
x
5140.00
=
$0.00
PROJECT ENGINEER
0
X
5140.00
=
$0.00
ENVIRONMENTAL MANAGER
14
x
5146.00
=
$2,044.00
SR ENVIRONMENTAL SCIENTIST
0
x
5146.00
=
$0.00
STAFF SCIENTIST
0
x
$72.00
=
50.00
PUBLIC INVOLVEMENT COORDINATOR
16
x
580.00
=
$1,280.00
ENGINEER
146
x
$112.00
=
$16,352.00
RIGHT OF WAY AGENT
0
x
5129.00
=
50.00
SURVEY MANAGER
4
x
$160.00
=
$640.00
SURVEYOR
0
x
5114.00
=
50.00
1 MAN SURVEY CREW
24
x
$80.00
=
$1,920.00
2 MAN SURVEY CREW
0
x
$230.00
=
$0.00
3 MAN SURVEY CREW
26
x
$260.00
=
$6,760.00
TECHNICIAN
32
x
595.00
=
$3,040.00
INSPECTOR
0
x
$130.00
=
$0.00
PROJECT ADMINISTRATOR
4
x
$80.00
=
$320.00
ADMINISTRATIVE ASSISTANT
0
x
$90.00
=
$0.00
Total Hours =
406
Total NHR'
J�
.*� 'S.KC
REIMBURSABLES:
Mileage
0
X
$0.560
=
$0.00
Miscellaneous Expenses
$0.00
x
10%
=
$0.00
Total Expenses =
SUBCONSULTANT COST (See Exhibit 0):
Geotechnical
$0.00
X
15%
_
$0.00
Subconsultant 1
$0.00
X
10%
_
$0.00
Subconsultant 2
$0.00
X
10%
=
50.00
Subconsultant 3
$0.00
x
10%
=
50.00
Total Subconsultants = ,
#x,
„r;�,t.,
SUB -TOTAL (NHR + REIMBURSABLES + SUBCONSULTANTS):
Sub Total - �yrr
.�'z�`�.'�7="``�a ��
*,!s�9�
MANAGEMENT RESERVE FUND:
SUBTOTAL=
$50,790.00
x
0%
=
MRF,yy"''
GRAND TOTAL
GRAND TOTAL
=
'�
PREPARED
31