HomeMy WebLinkAbout19-079 - KPG Inc. - Tukwila International Boulevard Rechannelization StudyCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number:
CONTRACT FOR SERVICES
Amendment #1
Between the City of Tukwila and KPG Inc.
19-079(a)
Council Approval N/A
That portion of Contract No. 19-079 between the City of Tukwila and KPG Inc. is hereby
amended as follows:
Section 3:
3. Duration of Aareement; Time for Performance. This Agreement shall be in full force
and effect for a period commencing upon execution and ending December 31, 2020 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 December 31, 2020 unless an extension of such time is granted in writing by
the City.
All other provisions of the contract shall remain in full force and effect.
Dated this day of
CITY OF TUKWILA
Allan Ekberg, Mayor
, 20
CONTRACTOR
Printed Name:
C://k7 Zi1/
w:\pw eng1projects1a- rw & rs projects\tib channelization (81710404)101 preliminary engineeringkamendment #1 - time extension.docx Page 1 of 1
�.It of Tukwila Contract Number: 19-079
H y Council Approval 4/15/19
•"6200 Southcenter Boulevard, Tukwila WA 98188
qqq�, •
CONSULTANT AGREEMENT FOR
ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and KPG, hereinafter referred to as "the Consultant", in consideration of the
mutual benefits, terms, and conditions hereinafter specified.
1. Proiect Designation. The Consultant is retained by the City to perform conceptual layouts
and budget analysis services in support of the Tukwila International Boulevard
Rechannelization Study.
2. Scone 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, 2019 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 December 31, 2019 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 $55,956.00 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.
, .. 'm� -ti
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 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:
1. Automobile Liabili 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.
CA revised: 1-2013 Page 2
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. Workers' Com ensation coverage as required by the Industrial Insurance laws of
the State of Washington.
4. Professional Liability 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 be 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 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 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 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.
CA revised : 1-2013 Page 3
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 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. Applicable Law, Venue; Attornev'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
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:
KPG
3131 Elliott Avenue, Suite 400
Seattle, WA 98121
18. 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 sig/nedry by the parties.
DATED this day of , 2019.
CITY OF TUKWILA
Mayor, Allan Ekberg .`w
Attest/Authenticated:
'/e
City �l°e , Christ` 'rlaheriy '
CONSULTANT
By:_
Printed Name:Nelson Davis. KPG
Title:_Principal
Approved as to Form:
Office of the City Attorney
CA revised : 1-2013 Page 5
EXHIBIT A
City of Tukwila
Tukwila International Boulevard
Rechannelization Study
Layout and Budget Analysis
Scope of Work
March 12, 2019
BACKGROUND
The City of Tukwila is considering a rechannelization project on Tukwila International
Boulevard (TIB) between S 139th Street and S 152nd Street. The current configuration
of the Y2 mile corridor is a 5-lane cross section with 2 northbound lanes, 2 southbound
lanes, and a two-way left turn lane. The proposed project could remove a travel lane in
each direction to allow for on -street parking and striped bicycle lanes. In addition, new
mid -block pedestrian crossings could be constructed along the corridor and the
rechannelization would decrease the required crossing distance and associated risk for
pedestrians. The rechannelization is intended to increase the mobility and safety foster
an attractive and inviting environment for all users of TIB. This type of project is
sometimes referred to as a "road diet" since the number of travel lanes are reduced.
Based on the Tukwila International Boulevard Rechannelization Study (Fehr & Peers,
January 2018), the rechannelization of Tukwila International Boulevard between S
139th Street and S 152nd Street to remove one northbound and southbound travel lane
and to install bicycle lanes and on -street parking would result in significant congestion
for southbound vehicles entering the corridor under both existing and 2030 demand
scenarios. The existing demand for vehicles travelling through the entire study corridor
on TIB exceeds 700 vehicles in both directions during the PM peak hour. This demand
is forecasted to increase by over 20% by 2030 due to new residential and commercial
development near the study corridor. Removing a travel lane in each direction results in
overcapacity conditions, especially for southbound drivers at S 139th Street. Delay,
travel times, and vehicular queuing increase substantially in both 2017 and 2030
scenarios and would likely result in drivers choosing parallel routes (primarily 42"d
Avenue S and Military Road) as alternatives to TIB.
Based on this study, it is clear that reducing the number of travel lanes on TIB without
addressing the southbound PM peak hour congestion or potential diversion to other
streets would result in an unacceptable outcome. Working with Tukwila staff, the Fehr &
Peers study identified the following three potential options to reduce the width of TIB
while mitigating or redirecting the traffic congestion and diversion impacts:
City of Tukwila KPG
TIB Rechannelization Budget Analysis Page 1 of 5 March 2019
1) Road diet between S 139th Street and S 152nd Street with traffic calming
mitigation on 42nd Avenue S and Military Road.
2) Road diet between S 116th Street (SR 599) and S 152nd Street.
3) Hybrid road diet between S 139th Street and S 152nd Street by allowing on -
street parking in the outside travel lanes that is restricted during the AM and
PM peak periods when demand volumes warrant.
The purpose of this scope of work is to work collaboratively with the City to refine the
alternatives and develop a schematic layout and budget estimates for each alternative.
The layouts and plans will be accompanied by a brief technical memorandum to be
included as an Appendix to the final Tukwila International Boulevard Rechannelization
Study. Specific scope of services is summarized below:
SCOPE OF WORK
Task 1 — Preliminary Layouts and Budget Estimates
1.1 The Consultant will provide project management throughout the estimated project
duration of 4 months. Work to include management and administrative services,
including:
• Project set-up
• Execution of subcontractor agreement with Fehr & Peers
• Preparation of monthly progress reports and invoices
• Record keeping
• Project staff management and coordination
• Subcontractor management and coordination
• Prepare and update project schedule
• Schedule and budget monitoring
1.2 The Consultant team, which includes KPG and Fehr & Peers, shall prepare the
agenda and attend a kickoff meeting to verify and refine the 3 alternatives for
analysis. The kickoff will be a collaborative effort between City staff, Fehr & Peers,
and KPG.
1.3 The Consultant team will prepare summary meeting notes for review and comment
by the City to determine the basis for preliminary layout and estimates. This scope
of work is based on the following alternatives:
• Road diet between S 139th and S 152nd with traffic calming mitigation in up to
10 locations along 42nd Ave S and Military Road as determined in the kickoff
meeting. Budget estimates will include up to 2 new midblock crosswalks. Two
City of Tukwila KPG
TIB Rechannelization Budget Analysis Page 2 of 5 March 2019
traffic calming scenarios will be analyzed to develop a range of probable costs
for implementation:
o Traffic calming measures such as traffic circles, chicanes, etc. will be
reviewed to establish a high end of the cost range.
o Lower cost traffic calming mitigation such as speed humps, speed
cushions, etc. will be reviewed to establish a low end of the cost range.
o No diversion or partial road closures will be analyzed as part of the traffic
calming mitigation.
• Road diet between S 116th and S 152"d with no traffic calming mitigation.
Budget estimates will include up to 3 new midblock crosswalks.
• Hybrid road diet between S 139th Street and S 152nd Street by allowing on -
street parking in the outside travel lanes that is restricted during the AM and
PM peak periods when demand volumes warrant. Budget estimates will include
up to 3 new midblock crosswalks and no traffic calming mitigation is anticipated.
1.4 The Consultant team shall utilize existing aerial mapping to develop preliminary
channelization layout, and general location for mid -block crosswalks and traffic
calming mitigation measures for each of the alternatives.
1.5 The Consultant team shall field review proposed traffic calming and mid -block
crosswalk locations in order to verify general feasibility and items that may affect
project cost such as modifications to existing drainage, landscape, illumination, etc.
1.6 The Consultant team shall calculate quantities and prepare preliminary budget
estimates for each of the alternative layouts. Budget estimates will include a 25%
construction cost contingency as well as anticipated costs for survey, design, public
outreach, and construction management.
1.7 The Consultant team shall prepare a brief draft technical memo and attend one
meeting with the City to review layouts, findings, estimates and other observations
about the alternatives.
1.8 Based on City review comments, the Consultant team shall make minor edits to
layouts and cost estimates in preparation for presentation to the Transportation and
Infrastructure Committee and City Council.
City of Tukwila KPG
TIB Rechannelization Budget Analysis Page 3 of 5 March 2019
1.9 The Consultant team shall present findings to the Transportation and Infrastructure
Committee and City Council. Fehr & Peers will lead the presentations as a
continuation of their ongoing work on the corridor and KPG will be in attendance to
answer questions about layouts and cost estimates.
1.10 The Consultant team shall finalize the technical memo for inclusion as an appendix
to the updated Tukwila International Boulevard Rechannelization Study.
1.11 The Consultant team shall update and finalize the TIB Rechannelization Study to
include all analysis and technical work completed since September 2017.
Assumptions:
• KPG previously did a partial review of Alternative 1 in May 2017. Format of layout
and estimate will generally follow format of May analysis by KPG, which includes
a breakdown of over 20 line items and a 20% contingency.
• No diversions or road closures will be considered for mitigation.
• Meetings will include 1 kickoff and 1 review meeting with necessary phone and
email correspondence as required.
• Presentations will include 1 Transportation and Infrastructure Committee Meeting
and 1 City Council Meeting.
• No survey or traffic counts are included. Layouts will be based on aerial mapping,
GIS, and field observation by Consultant staff.
• Layouts will be developed for budgeting purposes based on results of the kickoff
meeting and previous experience of the Consultant team. Actual traffic calming
mitigation measures may be greatly affected by public outreach, which is not
included in this scope of work.
Deliverables:
• Kickoff Meeting Agenda
• Kickoff Meeting Notes for City verification of alternatives
• Technical memo (draft and final)
• Council presentation materials (draft and final)
• pdf and scroll plot of 3 alternative layouts (draft and final)
• pdf of preliminary budget estimate for each alternative (draft and final)
• Updated final Tukwila International Boulevard Rechannelization Study
Additional Services
The City may require additional services of the Consultant in order to advance all or
portions of the project through final design and construction. This work may include
analysis of additional alternatives, public outreach, topographic survey, final design,
traffic modelling, or construction management as determined by the City.
City of Tukwila KPG
TIB Rechannelization Budget Analysis Page 4 of 5 March 2019
These services will be authorized under a future contract supplement if necessary. At
the time these services are required, the Consultant shall provide a detailed scope of
work and an estimate of costs. The Consultant shall not proceed with the work until the
City has authorized the work and issued a notice to proceed.
City of Tukwila KPG
TIB Rechannelization Budget Analysis Page 5 of 5 March 2019
EXHIBIT B
City of Tukwila
Tukwila International Boulevard Rechannelization Study
Layout and Budget Analysis
March 12, 2019
Labor
Hour Estimate
TOW Hours and Labor Fee
Task No,
task Description
'."
Santa Proled'
Business
rgled- '
' fiesign
Sr. Admin
Engineering
Office Admin
Estimate by Task
Principal
,...
a Sr, Engineer.
En
Mae11�'
E (near
r E aKier :�
TedlniQM1
232
` 164
101
150
'140
117
115
100,
'Task 1 •
Preliminary Layout and Budget Estimates
....
11
113rojectManagement
4
4
4..
8
724
7.2
Prepare for and attend kickoff meetin
4
4
,
1.,3
Summarize meetingnotes to define allematNes
2
2
698
1.4
Prepare aerial base maps and prepare layouts
4
4
40
40
872
1.5
Field review I refine traffic calmingand mall, locations
2
4
4
8
16
16
,456
FS5,548
1.6
Calculate quantities and cost estimates
2
2
6
24
12
,5481.7
Prepare draft technical memo and attend review mtg
4
2
2
4
2
2
4
,0201.B
Minor updates and prepare presentation materials
8
4
2
,5201.9
Present to T&I Committee anti Ci Council
4
4
.328110
Finalize Technical Memorandum as report a pendix
2
4
2
4
2
,562
1,11
U date and finalize the TIB Rechannelization Study
2
4
4
2
12
i 1,332
Task Tow
24
a
12
4 62
104
a...
�, 44
to 2-
1 $ 37,456 ''....
Subconsultants
Fehr& ears
18,UUU
Tow subconsultant Expense $ 18,000
Reimbursable Direct Non —Salary Costs
Mileage atCUment IRS rate
100
Reproduction Allowance
400
Tow Reimbursable Expense
f 500
Total Estimated Budget
$ 55,956