HomeMy WebLinkAbout18-205 - Nelson / Nygaard Consulting Associates - I-405 Bus Rapid Transit PlanningCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 18-205(a)
Council Approval N/A
CONTRACT FOR SERVICES
Amendment # 1
Between the City of Tukwila and Nelson / Nygaard
That portion of Contract No. 18-205 between the City of Tukwila and Nelson / Nygaard is
hereby amended as follows:
4. Duration of Agreement: This Agreement shall be extended, ending on December 31,
2019.
All other provisions of the contract shall remain in full force and effect.
Dated this day of fl,'c'Nt_kr, 20 ,!
CITY OF TUKWILA
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Jack( Pace, Director Printed Name,! 0 la'(Nt,<IN cui(.1.6444.0
CONTRACTOR 1
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CA Revised December 2016
Page 1 of 1
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
CONTRACT FOR SERVICES
Contract Number: 18-205
Council Approval N/A
This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter
optional municipal code city hereinafter referred to as "the City," and Nelson\Nygaard , hereinafter
referred to as "the Contractor," whose principal office is located at
Seattle, Washington
WHEREAS, the City has determined the need to have certain services performed for its citizens
but does not have the manpower or expertise to perform such services; and
WHEREAS, the City desires to have the Contractor perform such services pursuant to certain
terms and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties
hereto agree as follows:
1. Scone and Schedule of Services to be Performed by Contractor. The Contractor shall perform
those services described on Exhibit A attached hereto and incorporated herein by this reference as if
fully set forth. In performing such services, the Contractor shall at all times comply with all Federal,
State, and local statutes, rules and ordinances applicable to the performance of such services and
the handling of any funds used in connection therewith. The Contractor shall request and obtain
prior written approval from the City if the scope or schedule is to be modified in any way.
2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered
according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by
this reference. The total amount to be paid shall not exceed $9,900.00 at a rate of
3. Contractor Budaet. The Contractor shall apply the funds received under this Agreement within the
maximum limits set forth in this Agreement, The Contractor shall request prior approval from the
City whenever the Contractor desires to amend its budget in any way.
4. Duration of Agreement. This Agreement shall be in Full force and effect for a period commencing
October 18 , 2018, and ending January 1 . 2019, unless sooner terminated under the
provisions hereinafter specified.
5. Independent Contractor. Contractor and City agree that Contractor is an 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
Contractor nor any employee of Contractor 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 contributing to the State
Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the
Contractor, or any employee of the Contractor.
CA Rc : ised Dc°c:ember 20 i t I Sf 0 (2 0 )'I '4
6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or
suits including attorney fees, arising out of or in connection with the performance of this Agreement,
except for injuries and damages caused by the sole negligence of the Public Entity.
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 Contractor and the Public
Entity, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be
only to the extent of the Contractor's negligence. It is further specifically and expressly understood
that the indemnification provided herein constitutes the Contractor'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.
7. Insurance. The Contractor 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 Contractor, their agents, representatives,
employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and
limits as required herein shall not be construed to limit the liability of the Contractor 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 Scope of Insurance. Contractor shall obtain insurance of the types and with the limits
described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000,000 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 be endorsed 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 and $2,000,000 products -completed operations aggregate
limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations, independent
contractors, products -completed operations, stop gap liability, personal injury and advertising
injury, and liability assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide a per project general aggregate limit using ISO form
CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability
arising from explosion, collapse or underground property damage. The City shall be named
as an additional insured under the Contractor's Commercial General Liability insurance policy
with respect to the work performed for the City using ISO Additional Insured endorsement CG
20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or
substitute endorsements providing at least as broad coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
CA Revised December 2016 Page 2 of 4
B. Other Insurance Provision. The Contractor'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 Contractor's insurance and shall not contribute 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. Contractor 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 Contractor before commencement of
the work. Upon request by the City, the Contractor shall furnish certified copies of all required
insurance policies, including endorsements, required in this Agreement and evidence of all
subcontractors' coverage.
E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance
coverage and limits required, if any, to be obtained by subcontractors, which determination shall
be made in accordance with reasonable and prudent business practices.
F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this
work with written notice of any policy cancellation, within two business days of their receipt of
such notice.
G. Failure to Maintain Insurance. Failure on the part of the Contractor 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 Contractor to correct the breach, 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 to the City on demand, or at the
sole discretion of the City, offset against funds due the Contractor from the City.
8. Record Keeping and Reporting.
A. The Contractor shall maintain accounts and records, including personnel, property, financial and
programmatic records which sufficiently and properly reflect all direct and indirect costs of any
nature expended and services performed in the performance of this Agreement and other such
records as may be deemed necessary by the City to ensure the performance of this Agreement.
B. These records shall be maintained for a period of seven (7) years after termination hereof unless
permission to destroy them is granted by the office of the archivist in accordance with RCW
Chapter 40.14.and by the City.
9. Audits and inspections. The records and documents with respect to all matters covered by this
Agreement shall be subject at all times to inspection, review or audit by law during the performance
of this Agreement.
10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor
thirty (30) days written notice of the City's intention to terminate the same. Failure to provide
products on schedule may result in contract termination. If the Contractor's insurance coverage is
canceled for any reason, the City shall have the right to terminate this Agreement immediately.
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, the
presence of any disability, or any other protected class status under state or federal law, in the
selection and retention of employees or procurement of materials or supplies.
CA Revised December 2016 Page 3 of 4
12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the
services contemplated by this Agreement without the written consent of the City.
13. Entire Agreement: Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Contractor 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.
14. Severability and Survival. !f 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,
15. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk, City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the
signature line below.
16. Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. 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.
DATED this day of _ilk/a-4v
CI Y OF TUKW LA
/
'ace, Director
CA Revised December 2016
,20J
CONTRACTOR
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Page 4 of 4
CITY OF TUKWILA 1-405 BRT
PLANNING
As part of the I-405 BRT project, Sound Transit has proposed a stop in the City of Tukwila near
the existing Tukwila/International Boulevard (TIB) LINK light rail station. There are multiple
options for this stop, each with varying operating cost, passenger convenience, and traffic impact
tradeoffs.
In addition, the addition of the BRT service should increase parking demand at an already full
park-and-ride. Maintaining and enhancing access for Tukwila residents is a current and future
challenge that must be addressed as well.
SCOPE OF WORK
1 Kick-off Meeting
At the beginning of the project Nelson\Nygaard will conduct a telephone kick-off meeting with
the City of Tukwila to:
• Clarify project objectives, priorities, work products, project management, and reporting
procedures
• Identify and obtain available performance, route, and bus stop data
• Gain insight on local service issues and sensitivities
2 Analyze 1-405 BRT Planning Options
Nelson\Nygaard will review Sound Transit I-405 BRT planning efforts to analyze the impacts and
opportunities associated with each of the station options at TIB Station. This work will include the
review of Sound Transit planning documents associated with the I-405 BRT project as well as
relevant local planning documents that impact the TIB Station area.
3 Review of Innovative Access Modes to High Capacity Transit Stations
The addition of the I-405 BRT will increase pressures on parking at TIB Station. Increasing
parking capacity is one option to address this. However, multiple cities and agencies nationwide
are finding that more cost effective tools exist to improve station access for both residents and
employers. We will describe each potential method, along with the upfront and on-going
operating costs, and the success rates.
4 1-405 BRT Expansion Flexibility
The I-405 BRT is currently slated to have 11 stations. Design decisions at the TIB and South
Renton stations can have an impact on the ability to add additional stop on I-405 in Tukwila. The
different potential design priority methods on I-405 (right lane/shoulder running or HOV/HOT
lane) will be documented. In addition, we will document how the I-405 lane configurations might
impact the ability to add another stop at either Southcenter or Longacres Station.
5 On -Site Workshop
Nelson\Nygaard will conduct an on-site workshop with the City of Tukwila staff and
representatives to:
• Discuss the pros/cons of the options for I-405 BRT station integration
• Present non -parking options to improve station access, and understand the level of
support for each.
6 Document Results
Nelson\Nygaard will document recommendations in a short memo that addresses:
• The BRT/LINK transfer option that best balances costs, passenger experience, and
ridership
• Mechanisms that Tukwila should pursue to improve access for Tukwila residents.
• High level challenges or opportunities for additional I-405 BRT stations in Tukwila
We anticipate this work will be completed by October 31, 2018. We anticipate that the cost of this
scope is up to $9,900.
Nelson\Nygaard Consulting Associates, Inc. I 2