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HomeMy WebLinkAbout19-176 - KPG, Inc - Engineering Services / 2020 Overlay Program19-176(a) Council Approval N/A City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and KPG, P.S. That portion of Contract No. 19-176 between the City of Tukwila and KPG, P.S. is hereby amended as follows: Article 2, Scope of Seniccs, shall be supplemented with the following: The Consultant agrees to provide construction support services. in accordance with the scope of work included us Exhibit A-1. Article 4, Payment, shall be modified as follows: There' is no change to the current authorized maximum payment. An estimated budget for work provided by Consultant is included as Exhibit 1?-1, attached hereto, provided that the total amount of payment to the Consultant under this agreement shall not exceed $189,775,00 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 1 day of CITY OF TUKVVILA Allan Ekberg, Mayor ATTEST/AUTHENTICATED C34tedry O4.14thetny Christy O'Flaherty, MMC, City Cerk CA Revised December 2016 • CONTRACTOR Printed Name: Nelson Davis, KPG, P.S. APPROVED AS TO FORM Office of the City Attorney 5 Page 1 of 1 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 19-176 Contract Number: Council Approval 11/18/19 CONSULTANT AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and KPG, Inc., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform engineering services in connection with the project titled '2020 Overlay Program'. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies.. 3 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, 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. 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 $189,775.00 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 approvai 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 period of three (3) years after final payments. Copies shall be made available upon. requ.est. Ownership and Use of Documents. All documents, drawings, specifications and other materials producedby 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 i.s executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for in -formation., 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. specifiedin 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 4.24.11..5, then, in the event of liabilityfor 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. 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 th.e 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 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. CA revised 1-2013 Page 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. Workers' Compensation 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 Consulta.nes 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:V.II. D. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not nece-ssarily 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 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 toany 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 bon.afide 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, gi.ft, 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. 1.2. 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; .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 17. Notice. 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 signed by the parties. DATED this day of 00 CITY OF TUKWILA Mayor, Allan Ekberg Attest/Authenticated: .er 2019. CONSULTANT By: Printed Name: Nelson Davis, KPG Title: Principal Approved is to Form: City lerk, Christy CEFlaherty Offtee of the City Attorn CA revised 1-2013 Page 5 EXHIBIT A City of Tukwila 2020 Overlay Program Scope of Work October 16, 2020 The Consultant shall prepare final Plans. Specifications and Estimates for the 2020 Overlay Program. Specific projects will be determined from the following list of candidate streets: u S 200' Street Southcenter Parkway to Green River Bridge 1 51st Avenue SiKlickitat Dr Southcenter Bridge to SR518 Bridge u S 126th Street East Marginal Way to 37th Ave S j 44th Avenue S S 140th St to end ® 48th Avenue S S 109th S. North to Dead End u S 109th St 47th Avenue S to 48" Avenue S 1:3 S 180th St 46th Avenue S, East to Dead End 3 54th Avenue S S 166th St to Slade Way Li S 158th St 39th PI S to 42nd Ave S The 2020 Overlay Program will be bid as a single bid package as budget allows. Projects may be re -prioritized or deferred to a future overlay program based on available budget and other considerations. Detailed estimates will be prepared at the 50% design to verify the final project list to be included in the 2020 Overlay Program. The Consultant shall manage and coordinate a complete update to the pavement management program, including data collection and analysis. infrastructure Management Service (IMS) has been identified as the service provider to perform the data collection and update the City's pavement management plan. The Consultant shall oversee all operations and work with IMS directly to successfully update the pavement management program. The City of Tukwila may require other services of the consultant. These services could include additional design, right of way, environmental documentation, construction phase services, or other work tasks not included in the scope of work. At the time these services are required, the Consultant will provide the City with a detailed scope of work and an hour and fee estimate. The Consultant will not proceed with the work until the City has authorized the work and issued a Notice to Proceed. City of Tukityila KPG, 2020 Overlay Program Page 1 of 4 October 2019 Assumptions for the 2020 Overlay Program Bid Package Roadway and utility casting mapping will be based on aerial photography, GIS, and field reviews by the Consultant. Topographic field survey may be required for ADA ramp improvements and will be performed by the Consultant as required. Typically, only surface utilities requiring adjustment to grade will be shown. No utility upgrades are anticipated in the project design. • Drainage & Water Quality Reports will not be required. Environmental Documentation will not be required. Deliverables 50% review submittal with Plans and Estimate (6 copies) 90% review submittal with Plans, Specifications, and Estimate (6 copies) Routing of 50% and 90% Plans to utilities for review and comment, Bid Documents and Engineers Estimate for 2020 Overlay Program 10 sets of Plans (11" X 17") and specifications for the Bid Documents. Coordinate upload of Plans and Specifications to Builders Exchange, Bid Analysis and recommendation for award. Draft and final .pdf of Pavement Management Plan update SCOPE OF WORK TASK 1 * 2020 OVERLAY PROGRAM 1.1 The Consultant shall provide continuous project management and administration for the duration of the Project. (Estimate 6 months). Hold project coordination meetings with the City to update progress and review submittals. Assume (4) meetings. The Consultant shall provide monthly status reports and billings. The Consultant shall provide independent QA/QC reviews by senior in- house staff of all deliverables prior to submittal to the City. 1.2The Consultant shall prepare base maps for all project locations using field measurements, available record drawings, and/or ortho-photography. Topographic survey will be utilized only at ADA ramp locations where field conditions require it to meet ADA compliance 1.3The Consultant shall prepare 50%, 90%, and final Plans for the proposed improvements including the following: City of Tukwila KPG. Inc, 2020 Overlay Program Page 2 of 4 October 2019 Plans shall be prepared with such provisions in such detail as to permit field layout and construction within a degree of accuracy acceptable to the City and per industry standards. It is assumed there will be approximately thirty (30) plan sheets at 1"=20' scale full size (22" X 34"), 1"=40' at reduced scale (11" X 17"). Typical sections and details will be prepared for items not available as standard details from the City, State, or WSDOT standard drawings. Plans will identify curb ramp replacement limits and pedestrian push button modifications in accordance with ADA requirements. The plans shall illustrate complete details of construction of the proposed improvements including limits of construction and removals, utility adjustments, surfacing depths and details, and applicable channelization and signing for the segments selected for final design. Plans and specifications will include required criteria for traffic control plans and pedestrian traffic control during construction. Criteria will be developed in collaboration with the City. The Consultant shall perform site walkthroughs with the City maintenance staff to determine extent of roadway improvements / resurfacing (Estimate 2 meetings) and to prioritize candidate streets within the available budget. Pavement sections will be determined through consultation with the City's maintenance staff and previous experience. No geotechnical investigations are anticipated. 1.4 The Consultant shall calculate quantities and prepare Engineers Estimate of Probable Construction Cost for each review submittal and the Bid Documents. Projects will be prioritized in collaboration with the City following the 50% Submittal to determine final project segments. 1.5The Consultant shall prepare the Contract Specification per 2020 WSDOT Standard Specifications for the 90% Review Submittal and the Bid Documents. 1.6The Consultant shall distribute 50% and 90% review submittals to franchise utility owners for adjustments within the Project limits. 1.7The Consultant shall assist the City with Project Advertisement and Award by uploading plans and specifications to bxwa.com, preparing addenda, bid tabulation, and recommendation for award. City of Tukwila KPG, Inc. 2020 Overlay Program Page 3 of 4 October 2019 TASK 2 — PAVEMENT MANAGEMENT PLAN UPDATE 2,1 The Consultant shall provide necessary management and coordination to Infrastructure Management Service (1MS) for a complete update to the City's pavement management program. IMS will perform tasks identified by the City and Consultant according to the attached quote. Work items include new updated field data collection, processing, and analysis tools that are provided to the City and Consultant. The Consultant shall provide necessary management service to see that the IMS data is compatible with the City's existing geographical information systems. City of Tukwila VG, Inc. 2020 Overlay Program Page 4 of 4 October 2019