HomeMy WebLinkAbout18-177 - KPG Inc - Tukwila International Boulevard / South 140th Pedestrian Crossing DesignCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number, 18-177(a)
Council Approval N/A
CONTRACT FOR SERVICES
Amendment # 1
Between the City of Tukwila and KPG, PS
That portion of Contract No. 18-177 between the City of Tukwila and KPG, PS is hereby
amended as follows:
Article 2, Scope of Services, shall be supplemented with the following:
The consultant agrees to provide design services in accordance with the scope of work
included as Exhibit A.
Article 3, Duration of Agreement; Time of Performance, shall be modified as follows:
The Consultant shall perform all services and provide all work product required no later
than August 31, 201.
Article 4, Payment, shall be modified as follows:
Payment for work provided by Consultant shall be made as provided on Exhibit B,
attached hereto, provided that the total amount of payment to the Consultant for this work
not exceed $12,162.65 without express written modification of the Agreement signed by
the City. The new total contract shall not exceed $37,722.58 without express written
modification of the Agreement signed by the City.
All other provisions of the contract shall remain in full force and effect.
Dated this 4, -V day of
CITY OF TUKWILA
Allan Ekberg, Mayor
ATTEST/AUTHENTICATED
/
Christy O'F6hetY, MMC, City C erk
, 20
CONTRACTOR
APPROVED AS TO FORM
Office of the City Attorney
CA Revised December 20 16
Page 1 of 1
EXHIBIT A
City of Tukwila
TIB and S 141st Street Pedestrian Crossing
Amendment #1 - Additional RRFB Location
Scope of Work
December 11, 2018
PROJECT DESCRIPTION
The Consultant shall provide design for an additional RRFB pedestrian crossing location. Work
shall be incorporated into the original contract and the bid schedule shall be updated accordingly.
TASK 2 —MAPPING (ADDITIONAL RRFB LOCATION)
2.3 Extended roadway and utility casting mapping will be provided to include additional
location and will be based on aerial photography, GIS, and field reviews by the Consultant.
Topographic field survey will be required for ADA ramp improvements and will be
performed by the Consultant as required.
2.4 The Consultant shall request additional locates to identify underground utilities from One -
Call. The Consultant will coordinate with public and private utilities to verify the utility
locations and identify any necessary adjustments, relocations or other improvements
required by the utility.
TASK 3 — PLAN, SPECIFICATIONS AND ESTIMATES (ADDITIONAL RRFB LOCATION)
3.6 The Consultant shall prepare 85% civil design plans for additional RRFB location
(additional one civil plan) for City review and approval. The Consultant will calculate
applicable quantities and prepare an engineer's cost estimates based on the 85% design.
3.7 The Consultant shall prepare 85% RRFB design plans for additional location (number of
sheets will remain the same) for City review and approval. The 85% design shall include
updated cost estimate and Special Provisions.
3.8 The Consultant shall prepare 100% civil and RRFB design plans, for the additional
location, for City review and approval. The 100% design shall include revisions
addressing City and utility provider comments. The Consultant shall update quantities and
City of Tukwila
TIB and S 141st Street Pedestrian Crossing - Scope of Work
KPG PN 18159
Page 1 of 1
prepare 8nengineer's cost estimates based Onthe 100%design. The 85% Specifications
will be revised based on City comments and any updated APWA or WSDOT GSPs-
3.9 The Consultant shall incorporate 1O0%City review comments for Plans and Specifications
and prepare project Bid Documents, for the additional location. The Bid Documents will
be stamped and Signed by licensed professional engineer in the State of Washington.
The Consultant shall load bid documents onto Builder's Exchange.
City o/Tukwila
TO and S 14/°'Street Pedestrian Crossing - Scope u/Work
Page 1 of 1
KPGPN1815J
HOUR AND FEE ESTIMATE EXHIBIT B
Project: City of Tukwila
TIB and S 141 st Street Pedestrian Crossing (Additional RRFB Location)
Amendment #1
Task 2 - Mapping (Addional RRFB Location)
2.3 Survey mappinc, aerials, GIS and Field Review tAddionai RRFB Locations
2.4 Utility Locates (Addional RRFB Location)
Task Totals
4
2
2
4
KpG
• Aa-ohlreot-.—
c+.+naoa . n} e«♦
! Civt}
December 11, 2018
8 S 1,990.58
4 $ 954.64
12 $ 2,945,22
Task 3 - Plans. Specifications, and Estimates (Addional RRFB Location)
3.6 85% Civil Design (Addional RRFB Location)
3.7 85% RRFB Design (Addional RRFB Location)
3.8 100% Civil and RRFB Design (Addional RRFB Locati
3.9 Finalize Bid Documents ("Addional RRFB Location))
Task Total
4 24 4 S 4.742.86
2 10 2 $ 2,078.13
2 4 4 $ 1,435.24
2 4 0 961.20
10 42 10 S 9,217.43
12,162.65
12/1 1 /2018
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G2OOSouthoerkerBoulevard, Tukwila VVAQ81O8
Contract Number: 18-177
Council Approval N/A
CONSULTANT AGREEMENT FOR
DESIGN SERVICES
THIS AGREEMENT is entered into between the City of Tukvv|o. VVaahington, hereinafter
referred Voae"the Chx". and KPG Inc., hereinafter referred toas"the Consultant", in consideration of
the mutual benefits, terms, and conditions hereinafter specified.
1. Project [Je�siqnation' The Consultant is retained bythe City to perform engineering design
services in connection with the Tukwila International Blvd at S.14151 Pedestrian crossing.
2. Scope of Services. The Consultant agrees to perform the oervinea, identified on Exhibit^/Y'
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
effeotfor a period oonnnnenoinO upon execution and ending within 180 duya, unless sooner
terminated under the provisions hereinafter specified. Work under this Agreement shall
commence upon written notice bythe City 10the Consultant to proceed. The Consultant shall
perform all services and provide all work product required pursuant tothis Agreement nVlater
than March 31s', 2019 unless an extension of such time is granted in writing by the City.
4. Pavrment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement eafollows:
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 $25,559.93vvithnut 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 oonlp|ehgd to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
tothe Consultant inthe amount approved.
C. Final payment Vfany balance due the Consultant Vfthe 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 Uythe 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 ocCOuOtG pertaining to this AQ[8emNgDt are to be kept
8v8i|8b|8 for inspection by representatives Of the City and the state of Washington for 8
period Dfthree (8} y88nS after final payments. Copies shall be made available upon
request.
/
�
^
5. Ownership and Use of Documents. All doournenha, drawings, specifications and other
nnatehe|a 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 ornot. The Consultant shall be permitted horetain copiea, including reproducible
copies, ofdrawings 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
docurnentm, drovvings, specifications or other materials by the City on any project other than
the project epgoifiedin1hioAQreement.
6. Compliance with Lmxvm. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, ntota. and local |awm, ordinances
and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the QtV' its 0fficers,
officials, employees and volunteers harmless from any and all C|8iNOS' injuries, d8/Oag8S'
|OSGeS o/ suits including attorney fees, arising out of or resulting from the 8CtG' errors Or
OnliSSioDs of the Consultant in performance of this Agreement, except for injuries and damages
caused bythe sole negligence ofthe City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCVV
4.24.115, then, in the event of liability for damages arising out Ofbodily injury tO persons or
damages h}property caused byVrresulting from the concurrent negligence [fthe Consultant
and the QtV. its officers, officials, employees, and volunteers, the Consultant's liability
hereunder shall be only to the extent Ofthe Consultant's negligence. It iSfurther specifically
and expressly understood that the indemnification provided herein constitutes the Consultant's
waiver of immunity under Industrial Insurance, Title 51 RCVV' 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 dU[81iOO of the Agr88rD8Dt'
insurance against claims for injuries to persons ordamage to propertyVVhiCh 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 Cib/'s recourse to any remedy available at law orin
equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance ofthe
types and with the limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury
and property damage of$1.0OU.0OU 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 CA00 01 or msubstitute form
providing equivalent liability coverage. |fnecessary, the policy shall beendorsed to
provide contractual liability coverage.
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 be 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. VVorhero' io lawssatn coverage an required by the Industrial Insurance laws of
tho ��ta�� of Washington.
CArevised :1en10
4. Professional LiabilitV with limits no less than $1,000,000 per claim and $1,000,000
policy aggregate |inliL Professional Liability insurance shall beappropriate tothe
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
b8primary insurance with respect h]the City. Any Insurance, e8lf-insuraDce'Orinsurance
pool coverage maintained by the City shall be excess of the Consultant's insurance and
shall not b8contributed O[combined with it.
C. Acceptability of Insurers. Insurance iGk}he placed with insurers with @ current A.M.
Best rating ofnot less than A:VU.
O. Verification of Coverage. Consultant shall furnish the City with original certificates and o
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 end0na8nneDtn as
required bythis section shall be delivered to the City within fifteen (15) days of execution
nfthis Agreement.
E. Notice of Cancellation. The Consultant shall provide the City with vv[it1eo D0doe 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 asrequired shall constitute @material breach of contract, upon which the City
may, after giving five business days notice to the Consultant to correct the breanh,
immediately terminate 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 tothe City ondemand, oratthe sole discretion ofthe City, offset against funds due
the Consultant from the City.
8. Independent Contractor' The Consultant and the City agree that the Consultant is on
independent 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 beresponsible for withholding orotherwise
deducting federal income tax or social security o, for contributing to the state industrial
insurance prugnann, otherwise assuming the duties of an employer with respect to the
Consultant, orany employee of the Consultant.
10. Covenant AqainstContincient Fees. The Consultant warrants that hahas not employed or
retained any company or paraon, other than a Uonafide employee working solely for the
Consultant, to solicit orsecure this oontmeot, and that he has not paid or agreed to pay any
company or peraon. other than a bonafide employee working solely for the Cnnsu|tont, 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 warrent,
the City shall have the right to annul this contract without liability, or in its discretion to deduct
from the contract price orconsideration, or otherwise recover, the full amount ofsuch fee,
commission, percentage, brokerage fee, gift, orcontingent fee.
11. Discrimination Prohibited. The Conou|tant, with regard tothe work performed by it under
this Agreement, will not discriminate on the grounds of race, re|igion, nreed, oo|or, national
origin, age, veteran status, sex, sexual or|entaUon, gender idgntity, marital atatuo, po||doa|
affiliation or the presence of any disability in the selection and retention of employees or
procurement of materials Vrsupplies.
12. Assiqnrnmnt' The Consultant shall not sublet orassign any of the services covered by this
Agreement without the express written consent ofthe City.
C^revised : 1-203
13. Non -Waiver. Waiver bvthe City of any provision ofthis Agreement orany time limitation
provided for inthis Agreement shall not constitute a waiver [fany other provision.
14. Termination.
A. The City reserves the right toterminate this Agreement ntany time bygiving ten (10)dayn
written notice 0othe Consultant.
B. )nthe event of the death ofamember, partner orofficer of the Consultant, orany of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree 1ocomplete the work under the terms of this Aoroonnent, if requested to do
aobythe City. This section shall not beabar torenegotiations ofthis Agreement between
surviving members pfthe Consultant and the City, if the City aochooses.
15. Applicable Law; Venue; AttorneV's Fees' This Agreement shall be subject to, and the
Consultant shall at all hnnea comply with, all applicable fmdmna|, state and |ooe| |ewm,
regu|ahona, and ru|me, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any suit, arbitrakion, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically understand and agree
that venue shall beproperly laid inKing County, Washington. The prevailing party inany such
action ahoU be entitled to its attorney'ofees and costs ofsuit. Venue for any action arising
from orrelated tothis Agreement shall beexclusively in King County Superior Court.
18. Severab(llitVand Survival. If any term, condition or provision ofthis 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 ofthis
Agreement, which by their sense and context are reasonably intended to survive the
nornp|edon, expiration or cancellation of this Agreernent, shall survive termination of this
Agreement.
17� Notices. Notices \othe City ofTukwila shall be sent tothe following mddnooa:
City Clerk
City ofTukwila
G2OOSOUthcentorBoulevard
Tukwila, WA 98188
Notices tOConsultant shall bBsent tothe following address:
Jan Ciganik
KPG' P.S.
3131 Elliott Avenue, Suite 40O
Se8tt|e, WA 88121
18. EmtixeAqrewment; Modification. This Agreement, together with attachments maddenda,
represents the entire and integrated Agreement between the City and the Consultant and
auponoadea all prior negotiadona, reprmeentatione, or agreements written or oral. No
amendment o, modification of this Agreement shall be of any force or effect unless it is in
writing and signed bythe parties.
CArevised :1-2oo
DATED this .w..__....... day of ......_ ``
CITY OF TUKWILA
Attest/Authenticated:
20 it
CONSULTANT
By:....
Printed Name:
Title:
Approved as to Form:
Offibe of the City Attorney
CA revised : 1-2013
Page 5
EXHIBIT A
City of Tukwila
TIB and S 141st Street Pedestrian Crossing
Scope of Work
October 9th, 2018
PROJECT DESCRIPTION
The City of Tukwila desires to improve pedestrian safety by installing a Rectangular Rapid
Flashing Beacon (RRFB) system and striped crosswalk at the intersection of Tukwila International
Boulevard and S 141st Street. This crossing is located within high school and elementary school
walk routes, residential and shopping areas, neighborhood library and a local Islamic Center. The
crosswalk also serves a King County Metro bus stop on the east and west sides of Tukwila
International Boulevard.
This work shall consist of providing engineering and bid phase services for the City of Tukwila
("City") to design a RRFB system and install the associated ADA ramps and center median. This
scope covers base map preparation, utility and outside agency coordination, design, production
of contract documents and support during the bidding process.
ASSUMPTIONS
The following assumptions are made for the Project:
85% plans, specifications and estimate of cost (PS&E) and 100% PS&E will be submitted
to the City for review. Once comments have been received and addressed, bid documents
will be prepared and loaded to Builder's Exchange.
• Services will be performed in accordance with the Local Agency Guidelines (LAG), the
WSDOT Construction Manual, King County Road and Signal Standards, the City of
Tukwila project plans, specifications and contract documents (Contract Documents), and
Manual of Urban Traffic Control Devices (MUTCD).
• The City will provide as needed: SEPA exemption letter, permit fees and application,
community involvement, and public notice/mailings.
• Spot survey will be conducted for this project and the Consultant shall supplement survey
with existing as -built records, aerials and field verification to produce a working base map
for the project.
City of Tukwila
TIB and S 141st Street Pedestrian KPG
Crossing - Scope of Work Page 1 of 3 October 9th, 2018
* Illumination analysis Ofthe crosswalk location shall not berequired.
• Traffic Control Plans shall beprovided bythe City.
SCOPE OF WORK
TASK 1 —MANAGEMENTAND
1.1 The Consultant will provide continuous project management for the project duration.
including preparation and maintenance of the project schedule (2 months).
The Consultant shall prepare monthly progress reports identifying work inprogress,
upcoming work e|onnento, anticipated deliverable tasks for the next nnonth, and reporting
ofany delays, prob|enns, or additional information needs. The monthly pn}gpeae reports
ShoU be submitted with invoices. Any elements that may impact project completion time
and cost shall be highlighted. Monthly invoices for work completed todate shall be submitted
to the City.
The Consultant shall prepare for and attend 1 C0Undin8dOn/oruo[eSS meeting with the City
during the project b]diSCUSSh8yiSSVeS8Ddi[8d(p[Og[8SS.l[heCVD5uKaOtgh8UpPBp@Pe
a summary of key issues and action items for all meetings.
The projectnl8n@gerSh@Up[Ovide[]A/QCrevievvsphVrtO85%mnd1OOY6SubOlht8|S.
Task I Deliverables:
° Project Schedule
• Monthly progress reports and invoices /2
TASK 2—MAPP|NG
2.1 Roadway and utility casting mapping will be based on aerial photogrephy. G|S, and field
reviews by the Consultant. Topographic field survey will be required for AOA ramp
improvements and will beperformed bythe Consultant aarequired.
2.2 The Consultant shall request locates to identify underground utilities from One -Call. The
Consultant will coordinate with public and private utilities tDverify the utility locations and
identify any necessary adiustnnente, relocations orother improvements required by the
Task 2 Deliverables:
0
Basemap
City of Tukwila
T7Band S/41stStreet Pedestrian KPS
TASK 3 — PLAN, SPECIFICATIONS AND ESTIMATES
3.1 The Consultant shall prepare 85% civil design D/@D8 (3 SheetS—COvHrSheet' legend and
civil details, and civil plan) for City review and approval. The 8596civil design shall include
existing COOditiOOS. hO[izOOt@| and VediC@| /@yDUt Of new SideVV@|kS and n][OpS,
dimensioning iDfO[O08tiOD' SiQDiOg. Ch2Dne|iz8iiVO and details. The CoDSV|t8Ot will
calculate quantities and prepare @Oengineer's cost estimates based OOthe 8596design.
The 85%specifications shall b8based 0Othe 2O18VVS[)OT Standard Specifications and
shall include: all necessary VVSOOT and APVVA 3Dl8DdDleOtS and general Special
PnDViSiODS, City provided boilerplate for Contract [>OCUDleOtG' project specific Special
Pn0v/SiDOS generated by the Consultant.
3.2 The Consultant shall prepare 85% F<RFB design plans C2 sheets —plan, details) for City
[evRvv and approval. The 85% design shall include pO|eS' RF{FB equipment layout
(including signs, conduit and wiring) and details. The Consultant shall calculate quantities
and prepare 8Oengineer's cost estimates based Onthe 8596design. This submittal shall
include Special Provisions.
3.3 The C0DSUlt@Dt ShGU prepare 100% civil and RRFB design plans for City review and
approval. The 100% design shall iOC|Ud8 revisions addressing City and utility provider
cVmOl8DtS. The COnSU|LaOt Sh@U Update quantities and prepare an engineer's cost
8StiDl@teS based On the 10096 design. The 85% Specifications will be revised based OO
City comments and any updated APWA or WSDOT GSPs.
3.4 The Consultant shall incorporate 100% City review comments for Plans and Specifications
and prepare project Bid Documents. The Bid Documents will be stamped and signed by
a licensed professional engineer in the State of Washington. The Consultant shall load bid
documents onto Builder's Exchange.
3.5 The Consultant shall provide bidding assistance bvpreparing bid addenda and responding
to bidder inquiries, if required, and as requested by the City.
Task 3 Deliverables:
� 8596submittal including plans, specifications and cost estimates
Plans shall beprepared with such provisions and insuch detail (1"=1O'aDd1"=2O'mo@|eS.
22" X 34" sheets) as to permit convenient layout in the field for construction and other
purposes within a degree of accuracy acceptable to the City standards. WSDOT standard
plans will be supplemented with project specific details as required.
* /00% plans, specifications, and cost estimates
* Bids plans, apeCifitG/k)nS and cost estimates
* Bid assistance documents as requested
City of Tukwila
778and S/4YmStreet Pedestrian KPG
HOUR AND FEE ESTIMATE EXHIBIT B
Project: City of Tukwila
TIB and S 141st Street Pedestrian Crossing
KPG
♦ wrchs<ccture •
Landgcapc rchftccti*rc
♦ C'iv Engineering #
Task Description
*Labor Hour Estimate
Project Design Survey and Office
CADD
Manager Engineer ! Technician Admin
$ 187.30 ! $ 146.65 $ 118.51 $ 110.68
Total Budget
Budget
Task? - Management/coordination/administration
1.1 Project coordination and QA/QC
Mileage
1,830.43
50.00
Task Totals
8
0
0
3
1,880.43
Task 2 - Mapping
2.1 Survey mapping, aerials. GIS and Field Review
2.3 Utility locates
Mileage
Task Totals
16 0 $ 3,981.16
4 0 $ 954.64
$ 50.00
20 0 $ 4,985.80
Task 3 - Plans, Specifications, and Estimates
3.1 85% Civil Design
3.2 85% RRFB Design
3.3 100% Civil and RRFB Design
3.4 Finalize Bid Documents
3.5 Bid Phase Services
Mileage
Reproduction
Task Total
24 24 0
16 2
8 16
4
7,862.26
3,707.23
3,818.57
1,809.84
1,335.80
100.00
100.00
26 56 46 0 $ 18,733.70
Total Estimated Fee: $ 25,599.93
4/26/2016