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HomeMy WebLinkAboutSpecial 2006-12-11 Item 5F - Agreement - Private Storm System Adoption and Rehabilitation Program with KPG Inc COUNCIL AGENDA SYNOPSIS ITEM NO. s O Initials Meeting Date Prepared Sti Mayor's review 7Councll review la 12/11/06 1 RL rsoa I I I 3 e ITEM INFORMATION CAS NUMBER: 06-152 I ORIGINAL AGENDA DATE: DECEMBER 11, 2006 AGENDA ITEM TITLE Private Storm System Adoption Rehabilitation Program Consultant's Agreement with KPG CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 12 /11/06 Mtg Date 12 /11/06 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date: SPONSOR El Council Mayor Adm Svcs DCD Finance Fire Legal El P&R Police PW SPONSOR'S The contract is for design of the Private Storm System Adoption and Rehabilitation SUMMARY Program. Three firms were short- listed from the Consultant Works Roster and KPG was chosen as the most qualified. The City has identified 25 sites where the public storm drainage system is routed through private parcels. Due to the expected lead -time to research ownership, obtain easements and permits, design will take place over two years. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 12/05/06 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize Mayor to sign the consultant's agreement with KPG. COMM rIPE Unanimous approval; forward to 12/11/06 Council meeting. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $223,033.75 $300,000.00 Fund Source: 412.02 Surface Water (page 141, Proposed 2007 CIP) Comments: Amount budgeted is for 2 years. MTG. DATE RECORD OF COUNCIL ACTION 12/11/06 MTG. DATE ATTACHMENTS 12/11/06 Information Memo dated November 29, 2006 (revised after UC meeting) Map of Sites Consultant Agreement with Scope of Work Utilities Committee Meeting Minutes from December 5, 2006 INFORMATION MEMO To: Mayor Mullet )1/4 From: Public Works Director Date: November 29, 2006 Subject: Private Storm System Adontion and Rehabilitation Program Consultant Recommendation Project No. 066DRO3 ISSUE Approve KPG, Inc., to design the Private Storm System Adoption and Rehabilitation Program. BACKGROUND The City of Tukwila has identified approximately 25 locations throughout the City where the public storm drainage system is routed through private parcels. Throughout 2006, City maintenance staff videotaped these systems to determine any necessary repairs or maintenance needs that may be required. The purpose of this contract is to secure all necessary easements and provide appropriate repairs /replacements for continued operation of these systems. ANALYSIS The current consultant roster was reviewed and three firms were short- listed to research ownership, prepare easements, and design repairs to failing systems. The firms were: 1. KPG, Inc. 2. Penhallegon Associates Consulting Engineers, Inc. 3. Perteet, Inc. KPG is recommended for this project. They are very knowledgeable of the City and have shown an outstanding ability to work with local residents and secure easements. These projects are also identical in scope to the City's Small Drainage Program and advertisement and construction will be combined into one construction contract. BUDGET SUMMARY Contract 2 -Year Budeet Design 223,033.75 300,000 Due to the expected lead -time to research ownership, obtain easements, obtain permits, and design corrections to some of the private systems, design will take place over a two -year period. RECOMMENDATION Approve the consultant agreement with KPG, Inc., for professional design services to design the Private Storm System Adoption and Rehabilitation Program for $223,033.75. RL:ad attachments: Location Map Consultant Agreement (P:ProjecaN- DR Projear106DRO3Wfo Memo Design) 1 1 p,doption .;;F! t Syste f�''� 586 Di`. t r a te Sto ion program Pr 7 d Itat 5 87 4t an 4 P, T, 4: t 9 o� \ei t AA i d Or St 3a Go s i VW 5 g m el 99- 1 S 5 S t Ti 'S,i6•, wi \O q vv A� O\ 5 c'f 4 s l t 4 5 1 2 1 \sue S I \i'. t t,g,2 S\ 4. 1 t. e s 30 St',, 0 Q, Y W 1 St \1- t f 5 t .5,3 ra �i I 5539 q ii \t o N _1.43-St 544 sr 4 a n -6 is al 5463t .1 471,iC \e'1 o S5q �.5 1 m 4 y J fi S *sd Si4 1 \l,'.'„ ryj e of S55 0 1 'f O 1^- V °me ant 4 1 5 1 5 Tusoitt Pti Y t i ___A-, i Ns— q sr a El" i LP S ay 7• tt 'CreG Or 1. i ct i I\ come 4 N e i 1 y` GOnW p s N a i l 6 wand Or tril8 n d 1 I) e \S,sost j be adoPt I a! 1 r I l 1 C Nom:_ GI w f t 5sU 1 r L__ 1_,--------------------- CONSULTANT AGREEMENT FOR DRAINAGE DESIGN SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after 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 drainage design services in connection with the project titled Private Storm System Adoption. 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. Time for Performance. Work under this contract shall commence upon the giving of 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 within 730 calendar days from the date written notice is given to proceed, 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 $150,000 for calendar year 2007 and $223,033.75 for the entire contract 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 is 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 state for a period of three (3) years after final payments. Copies shall be made available upon request. 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 to be rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement. With respect to the perform- ance of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents and employees. 8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/ aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an inde- pendent 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 2 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. 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, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap 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. Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to recover its costs, including reasonable attorney's fees, incurred in such suit from the losing party. 3 16. Notices. Notices to the City of Tukwila shall be sent to the following address: City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: KPG, Inc. 753 9th Avenue N. Seattle, WA 98109 17. Integrated Agreement. 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. This Agreement may be amended only by written instrument signed by both the City and the Consultant. DATED this day of 2006 CITY OF TUKWILA CONSULTANT By: I G. Y• Steven M. Mullet, Mayor Nelson Davis" Principal Title: Attest/Authenticated: Approved as to Form: Jane E. Cantu, CMC, City Clerk Office of the City Attorney 4 Exhibit A City of Tukwila Private Storm System Adoption 2007 -2009 Scope of Work November 29, 2006 KPG The City of Tukwila has identified approximately 25 locations throughout the City where the public storm drainage system is routed through private parcels. Throughout 2006, City maintenance staff has videotaped these systems to determine any necessary repairs or maintenance needs that may be required. The purpose of this Contract is to secure all necessary easements and provide appropriate repairs /replacements for continued operation of these systems. Based on the results of the video inspections, the projects are grouped to 3 separate categories depending on the level of maintenance required. The scope of work for each of the groups, including approach and budgeting assumptions are summarized below: GROUP A PROJECTS EASEMENT VERIFICATION PREPARATION ONLY 10 of the 25 sites have drainage systems in good structural repair and are only in need of easement documentation. The locations of these sites are generally described on the attached project summary and will include the following scope of services: Perform deed research to determine if the existing drainage systems are contained within drainage easements on the private parcels. For budgeting purposes, we have estimated that each of the 25 sites contains an average of 3 parcels (75 parcels total) and that title reports will be required for each parcel. Provide any necessary field work to determine the location of the existing repaired drainage system relative to the private parcel lines for all parcels requiring easements. For budgeting purposes, we have assumed that all of the parcels will require new easements, requiring an average of 8 hours of survey time for each of the sites. Prepare legal descriptions and exhibits for each parcel, signed and stamped by a Professional Land Surveyor licensed in the State of Washington. Assemble easement documents, prepare a cover letter, and mail documents to the property owner for signature. Easement language and mailing addresses will be provided by the City. An allowance of approximately $25,000 has been included for assisting the City with property owner meetings, contacts, etc that may be required to obtain signatures. City of Tukwila KPG Private Storm System Adoption 1 of 3 November 29, 2007 Exhibit A GROUP B PROJECTS EASEMENT VERIFICATION PREPARATION AND SLIPLINE REPAIR 9 of the 25 sites have drainage systems that are generally functioning, but in need of sliplining or similar in -situ repairs. Each of these sites will require easement verification preparation as described for the Group A projects, as well as preparation of plans, specifications, and estimates for bid and construction of the repairs. The locations of these sites are generally described on the attached project summary and will include the following scope of services: Prepare plans, specifications, and estimates for each site. Plans will be based on GIS aerial maps provided by the City and supplemented with the pipe locations obtained during the easement survey. No topographic surveying is anticipated for these projects. GROUP C PROJECTS EASEMENT VERIFICATION PREPARATION AND REPLACE RE -ROUTE 6 of the 25 sites have drainage systems that are in very poor structural repair and will require replacement or re- routing. Each of these sites will require easement verification preparation as described for the Group A projects, as well as preparation of plans, specifications, and estimates for bid and construction of the replacements. The locations of these sites are generally described on the attached project summary and will include the following scope of services: Prepare plans, specifications, and estimates for each site. Plans will be based on topographic survey of each of the project sites prepared by the Consultant. Project horizontal and vertical datum will be assumed on all projects. It is our understanding that none of the projects will require biological assessments, additional permits, detention facilities, or water quality treatment facilities. It is anticipated that the Group B and C projects will be bid through as many as 3 separate bid packages in 2007, 2008, and 2009. Projects will be prioritized based on available budget and other factors (such as utility relocation-needs, easements, etc.) to achieve a realistic schedule and project listing implementation of these repairs. For Group B and C projects, the Consultant shall submit 90% plan, specification, and estimate submittals for City review prior to bidding. The City may reprioritize the projects based on estimated costs and available budget. Due to the large number of parcels and uncertainties with easement status and actual field conditions, budgeting assumptions are summarized on Exhibit B. The Consultant shall notify the City of any issues affecting budget as they become known prior to proceeding with work that may increase the project scope and cost. City of Tukwila KPG Private Storm System Adoption 2 of 3 November 29, 2007 Exhibit A Deliverables: The Consultant shall provide the following deliverables: Legal descriptions and exhibits for all sites requiring easements Cover letter for mailing to property owners Assistance with negotiations 5 copies, 90% Plans, Specifications and Estimates (Group B and C only) Camera ready bid documents (1/2 size plans) for on line bidding Full size mylar plans for City records The City shall provide the following items: GIS information Existing utility information, as available Plan reviews and comments Easement negotiations, if required. City of Tukwila KPG Private Storm System Adoption 3 of 3 November 29, 2007 PRIVATE STORM SYSTEM ADOPTION Page 1 of 3 AND REHABILITATION PROGRAM PROJECT No. 06 -DRO3 GROUP A PROJECTS EASEMENT VERIFICATION/PREPARATION ONLY 1) 32" to 33 Ave S between S 132 S 130 St at 13200 32 12" CMP pipe, appears to go under house and across two yards (not under house and in good shape). See Map #15, page 41. 2) S 144 St at Foster High School, area next to Fire Station #54 18" concrete pipe from S 144 St to S 146 St (pipe in good shape). See Map #10, page 35 -37. 3) 24" CMP from TIB to Macadam, then through storage yard to S 154 St, then to West Colonial Village apartments through apartment complex to 40 Ave S. (good shape). See Map #5, page 20 -25. 4) 43 Place S at 15900 12" concrete pipe from driveway under carport down very steep slope to new system on S 158 St (does not go under carport good shape). See Map #16, page 48. 5) 54 Ave S above I -5 24" ductile pipe from 54 Ave S to I -5. See Map #18, page 53. 6) S 164 St to 53 Place S 12" concrete pipe (good shape). See Map #17, page 49- 50. 7) Gilliam Creek pipe from S 154 St to I -5 under storage yard, under 52" Ave S, around office building (good shape). See Map #2, page 10 -14. 8) 12" CMP pipe uphill from Macadam Road at about S 138 St from 4'X4' box culvert manhole (looks good). No map. 9) 12" concrete pipe from 34 Ave S up to 33 Ave S creek around house into pipe (good shape). See Map #15, page 44. 10)12" concrete pipe from 57 Ave S near Tukwila Elementary School area runs through yard (good shape). See Map #21, page 66. PRIVATE STORM SYSTEM ADOPTION Page 2 of 3 AND REHABILITATION PROGRAM PROJECT No. 06 -DRO3 GROUP B PROJECTS EASEMENT VERIFICATION/ PREPARATION AND SLIPLINE REPAIR 1) 38 Ave S, at the end, south of S 130 St, below 37 Ave S 28" concrete pipe under shed and yard and across three properties (replace two manholes). See Map #4, pages 17 -19. 2) 33 to 34 Ave S, between S 132 S 130 St 12" mismatched pipe goes through yards and under mobile home (reroute system). See Map #15, pages 41 -43. 3) S 142" St, off Military Road 12" concrete pipe from cul -de -sac to 33 Ave S, pipe through yard and under shed (repair roots). Not under shed! See Map #13, page 32. 4) 42" Ave S at 14826 24" CMP pipe though yard to north fork of Gilliam Creek above S 150 St (replace rotten pipe). See Map #7, pages 28 -30. 5) Thorndyke Elementary School on S 150 St 12" 24" concrete pipe from S 150 St through schoolyard to behind the apartment complex on S/C Blvd., Park Place by the Woods (repair root problems on the 24 See Map #20, pages 59 -63 67 -68. 6) S 162 St between 46 47 Ave S, trail area 12" concrete pipe (replace first and last 30 feet). See Map #12, page 51 -52 -and 54 -55. 7) Evergreen Foods 36" CMP, TIB to creek (total replacement). See Map #3, pages 15 -16. 8) From S 146 St, behind hedge, towards S 144 St 12" concrete pipe (total replacement). See map #9, pages 57 -58. 9) East Marginal Way 36" CMP storm line from S 124 St to SR599. PRIVATE STORM SYSTEM ADOPTION Page 3 of 3 AND REHABILITATION PROGRAM PROJECT No. 06 -DRO3 GROUP C PROJECTS EASEMENT VERIFICATION PREPARATION and REPLACE/REROUTE 1) S 128 St and the old Becker Trucking Company yard area 18" CMP pipe under yard area. See Map #8, pages 31, 33 and 34. 2) 33 Place S and S 141 St, between S 141 St 35 Ave S 12" concrete pipe appears to go under house (does not go under house). See Map #11, pages 38 and 45. 3) 34 and 33 Ave S by signpost address 3432 12" concrete pipe between house to 35 Ave S. See Map #11, pages 46 and 47. 4) 38 Ave S just east of 37 Ave S 12" concrete pipe from 38 Ave S through yards to TIB. Looks good. No Map. 5) S 163 St to Slade Way 12" concrete (slip line). See Map #14, page 40. 6) S 116 St east from 42 °d Ave S 18" CMP (add manhole and slip line). See Map #19, page 56. Lo 0 c) 0 t■ 1,.,_:,. 0•E• .2. 2. P 3 pk 1 i I Fri g■ 44 101 4 1 4 A AA 41 e' e. —0 .7 CD 5 -7, a••• up W <16 ±..111 a r-� c g 8 0 0 0 ID r. ell =1 o)* ,---.0-=,,,_ g f 15 a PI 0 Ts e =la_ 4.9 c L ci s 40 t i IT E c El ,-_,.:--,g--s-f=- '13 4, 69 --1--,--7-.-:.IC=-7" el r, 0 c 0 O is 7.• en 0 01 o E Tz r:-1 .}--=s- 7. s- _eas CI cm 'TS 0 ii"..---. 0 go -L la U e 7.7----_-,. R V) tr 2 fIT E _,-_;---,---a„--.__, s. to re ----:,-,--;_09. _i,,-=,---...-_-f r E c -t„. i em. 2 Tic .2 11-T.- ct =..----4-7--i- _--ir. E 9 (0 10 cn 4 24--- '''==m est of VI -----, S■1 1 :_,0 -t= 7- 0-At 1 o _:-.-i. 4 ler, ----,,---,-le C1 eV_ a iii-,_...., -c-fir-,012 F- 2--.5•:- t=in Fi- 0 :la ct=-- e 4.4 i =t 3..-. st=fir 46= i.- a ----:e o 1 u” st i to 1 41 ET In w _----43 ,----_--.; E-- vf-------- 2i-c1=-------- e: c:-.0 o --__,4,c ,-.7-- 7: e o co f. q c 9, 1 0 fit,..c ..1•= CI ..--vi ..i...... 49 ;17-f-7_:_ii '..-,--_--:-U.E,,.-=,:i•--: E„ 0 f, w ir cl in -4,---= 1 ----12 0 r- co Lc 14 ce 41 .tri --a- Ef C 0., VI tra 0 e u 14 I CE 4-, u) u 2- 0 >4 ..-2- ET) ce -6 0) -•--'1 t 2 CCi 0 C =ECD ----r 4 o co 0 'pa 111 n. 3 2 >4 CD C 2 0 o D 0 Utilities Committee 2 December 5, 2006 B. 2007 Annual Neighborhood Drainage Program Consultant Recommendation Mr. Larson presented the consultant agreement with KPG, Inc. for professional design services to design the 2007 Annual Neighborhood Drainage Program for $108,920.66. He conveyed that every year the Annual Neighborhood Drainage Program is developed for projects which are too large for the city to handle. These projects are combined into one project. Mr. Robertson expressed concern with performance on the contract and when services are to be provided throughout the term of the contract. This will be reviewed by the city's attorney. Ms Labanara related that it is "progressive performance." Unanimous approval to move to December 11 special council meeting for approval. C. Private Storm System Adoption and Rehabilitation Program Consultant Recommendation Mr. Larson presented the consultant agreement with KPG, Inc for professional design services to design the Private Storm Adoption and Rehabilitation Program for $223,033.75. He stated that using the GIS, 25 sites where privately owned piped systems are used have been identified. The list is growing. The city would like to adopt these systems and make the necessary repairs to protect property and ensure the reliability of the overall City drainage system. Ms. Linder noted that design will take place over a two -year period of time and three years for construction/repairs. Mr. Robertson asked if the work will be attributed to the small drainage project. Mr. Ryan noted that it is a new page in the CIP and that both of these projects will be tracked in one location. Mr. Robertson asked how much is set aside each year. Ms. Labanara replied $300,000 for design and $300,000 each year for construction, totaling $1.2 million. Mr. Robertson asked if there is the possibility of contamination. Mr. Ryan noted that the City will begin to test outfalls and will be able to track down contaminants. Unanimous approval to move to December 11 Special Council Meeting for approval. Adjournment: 6:10 p.m. Committee Chair Approval Minutes by DJ. Reviewed by GL, FI, BG, and RB.