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HomeMy WebLinkAboutCOW 2009-02-09 Item 4B - Agreement - 2009 Annual Small Drainage Program with KPG Inc for $58,584.86CAS NUMBER: 09-021 AGENDA ITEM TITLE 2009 Annual Small Drainage Program Consultant Agreement with KPG, Inc. CATEGORY Discussion Motion Resolution Ordinance n Bid Award Public Hearing Other SPONSOR SPONSOR'S SUMMARY REV IEWED BY Fund Source: Comments: EXPENDITURE REQUIRED $58,584.86 MTG DATE 02/09/09 02/17/09 MTG. DATE 02/09/09 02/17/09 Meeting Date 02/09/09 02/17/09 COUNCIL AGENDA SYNOPSIS Inztzals Prepared y b Mayor's revrezv Council rtvievr 3M .�f.,L t 7M`41th :ITEM IORIGINALAGENDADAIE. FEBRUARY 9, 2009 Mtg Date 02/09/09 Mtg Date 02/17/09 Mtg Date Mtg Date Mtg Date Council Mayor Adm Svcs DCD Finance Fire Legal P&.R Police PW The contract is for design of the 2009 Annual Small Drainage Program. Three firms were short- listed from the Consultant Works Roster and KPG was chosen as the most qualified. This year three projects are being designed for construction in 2009. Council is being asked to approve the contract with KPG, Inc. in the amount of $58,584.86. CA &P Cmte n Arts Comm. COW Mtg Utilities Cmte DATE: 01/27/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COM■fILIEE Unanimous Approval; Forward to Committee of the Whole CO IMPACT- /::FUND SOURCE AMOUNT BUDGETED $60,000.00 412 SURFACE WATER FUND (PAGE 146, 2009 CIP) F &S Cmte Parks Comm. CORD -OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 01/21/09 Vicinity Map Consultant Agreement with Scope of Work and Fee Minutes from the Utilities Committee meeting of 01/27/09 1 1 ITEMNO. 44, 6, Mtg Date Mtg Date U Transportation Cmte Planning Comm. APPROPRIATION REQUIRED City of Tukwila Mayor Haggerton Utilities Committee FROM. Public Works Director DATE: January 21, 2009 TO: INFORMATIONAL MEMORANDUM SUBJECT: 2009 Annual Small Drainage Program Project No. 09 -DR01 Consultant Recommendation Agreement ISSUE Approve KPG, Inc., to design the 2009 Annual Small Drainage Program. BACKGROUND Jim Haggerton, Mayor The Annual SmaII Drainage Program identifies projects through maintenance activities as well as citizen complaints. This year we are designing or completing the design of three projects for construction in 2009. ANALYSIS Public Works staff reviewed the list of known system deficiencies and compiled a list of projects for design and construction in 2009. Two projects involve permits with the Washington Department of Fish and Wildlife (WDFW) and were reviewed in the field with their area biologist for preliminary approval and expected required mitigation. The current consultant roster was reviewed and KPG, Penhallegon Associates Consulting Engineers and Perteet were short- listed to design the selected three projects. KPG has designed the Annual SmaII Drainage Program since 1991 and Public Works staff continues to be very satisfied with their work. KPG has a good working relationship with the WDFW, is knowledgeable of City requirements, remains flexible to design changes, and continues to complete design within the budget. Therefore, it is recommended that KPG design the 2009 Annual Small Drainage Program for a fee of $58,584.86 BUDGET SUMMARY RECOMMENDATION Design The Council is being asked to approve this design agreement with KPG, Inc. in the amount of $58,584.86 for the 2009 Annual SmaII Drainage Program and consider this item at the February 9, 2009 Committee of the Whole meeting and the subsequent February 17, 2009 Regular Meeting Attachments. Location Map Consultant Agreement P \PROJECTSA- DR Projects \09 -DRO1 (2009 SDP »DesignOnfoMemoDesign gLdoc Contract Budget 58,584.86 60,000 Site 3 1216551 Mal1511 5 150 Sr Site 1 Site 2 -d 8 7 St A. AVM, S 144 St 1 W 5 148 St a S 150 S] S 152 St 51505 2009 Annual Neighborhood Drainage Program VICINITY MAP 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 2009 Annual Neighborhood Drainage 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. 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 365 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 $58,584.86 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 hainless 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 Tnsurance 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 Eileen (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 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 ply. 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 CITY OF TUKWILA CONSULTANT Jim Haggerton, Mayor By: Nelson Daris Principal Title: 2009 Attest/Authenticated: Approved as to Foiui: Christy O'Flaherty, CMC, City Clerk Office of the City Attorney Exhibit A City of Tukwila 2009 Annual Small Drainage Program Scope of Work January 19, 2009 KPG The Consultant shall prepare surveyed base maps, final plans, specifications, and estimates for the following small drainage projects: Site 1: Southgate Creek in vicinity of S. 133 13 1 St and 44 Avenue S. This project includes the following 3 areas of concern: a. S 133' Street Culvert Crossing Replace with fish passable culvert. b. S 131 Street near Normed Replace undersized clay culvert crossing with fish passable culvert. c. S 131 and 44 Avenue S Replace roadway and driveway culvert crossings with fish passable culvert. Site 2: S 146 Street, 42 Avenue to west approximately 500' Install new 18 -inch storm drain, catch basins, and laterals to relieve flooding issues near trailer park due to undersized pipe. Site 3: West Marginal Way Outfall Replace failing outfall and portion of storm drain pipe to eliminate a sink hole in adjacent driveway. Additional sink hole areas have formed during the December 2008 /January 2009 storms. 60% design was completed as part of the 2004 small drainage program. Design will be updated and finalized based on current conditions. Work on these projects shall include any necessary survey, alternative analyses, quantity estimating and cost estimating to complete the projects. Surveyed base maps and horizontal utility locations will be provided for all projects. Previous mapping from the 2004 Annual Small Drainage Program will be used for the project base map on site 3. Project horizontal and vertical datum's will be assumed on all projects. The Consultant shall prepare a SEPA checklist, JARPA application, and provide coordination with Washington Department of Fish and Wildlife for Sites 1, 2, and 3: It is our understanding that none of the projects will require biological assessments, additional permits, detention facilities, or water quality treatment facilities. The budget assumes a straightforward approval process with no special studies or extensive coordination. City of Tukwila KPG 2009 Annual Small Drainage Program 1 of 2 January 19, 2009 A potholing allowance of $5,000 is included in the estimated fee to determine existing subsurface utility elevations in key locations that are identified during base mapping and preliminary design. Exhibit A It is anticipated that the projects will be bid as one package for the 2009 Small Drainage Program. The Consultant shall perform base mapping, permit agency coordination, utility coordination, and preliminary design and cost estimating for each of the project sites to assist the City with prioritization for the bid package. Projects will be prioritized based on available budget and other factors (such as permit complexity, utility relocation needs, easements, etc.) to achieve a realistic schedule and project listing for the 2009 Small Drainage Program. For the 2009 Small Drainage Program, the Consultant shall submit 50% (plans and estimate only) and 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. Deliverables: The Consultant shall provide the following deliverables: SEPA checklist for work on sites 1, 2, and 3. JARPA application for sites 1, 2, and 3 HPA Distribution of 50% Plans to utilities 2009 Small Drainage Program: 10 copies, 50% Plans and Estimates 5 copies, 90% Plans, Specifications and Estimates Full size mylar copy of Final Plans 10 copies, Y2 size Final Plans (Bond) 10 copies, Final Specifications 1 copy, Final Engineers Estimate Coordination and upload to BXWA.com The City shall provide the following items: Property owner contact information Existing utility information, as available Plan reviews and comments Easement negotiations, if required. Fees associated with advertisement on BXWA.com City of Tukwila KPG 2009 Annual Small Drainage Program 2 of 2 January 19, 2009 EXHIBIT B HOUR AND FEE ESTIMATE 2009 ANNUAL SMALL DRAINAGE PROGRAM EXHIBIT B HOUR AND FEE ESTIMATE 2009 ANNUAL SMALL DRAINAGE PROGRAM UTILITIES CONE HTTEE Meeting Minutes January 27, 2009 5:00 p.m. Conference Room #1 City of Tukwila Utilities Committee PRESENT Councilmembers: Kathy Hougardy, Chair; Pam Lmder, and Dennis Robertson Staff: Jim Morrow, Frank Inarte, Bob Giberson, Pat Brodin, Ryan Larson and Kimberly Mate CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:02 p.m. I. PRESENTATIONS No Presentations. II. BUSINESS AGENDA A. Comcast Franchise Agreement Staff is seeking full Council approval to amend Ordinance Number 1688, providing a one -year time extension to the City's franchise agreement with Comcast, formerly known as Telecommunications Inc. of Seattle. This 15 -year non- exclusive franchise agreement between the City and Comcast is for the construction, operation and maintenance of a cable system within the City. The current agreement is set to expire on February 1, 2009, and staff is currently in discussions with Comcast regarding terms and conditions of a new franchise agreement. Due to concerns with changing technology and FCC mandates, staff is requesting additional time to negotiate a new agreement. Due to the current agreement expiring on February 1, 2009, staff is requesting this item go directly to the February 2 Regular meeting for consideration and action. UNANIbi MOUS APPROVAL. FORWARD TO FEBRUARY 2 REGULAR MEETING. B. 2009 Annual Small Drainage Program Consultant Selection and Agreement Staff is seeking approval to enter into a consultant agreement with KPG, Inc. m the amount of $58,584.86 for design services for the City's 2009 Annual Small Drainage Program. KPG was chosen from the City's consultant roster (Municipal Research and Services Center Rosters). Three projects have been identified for construction m 2009 through maintenance and citizen complamts. Sites 1 and 3 have been on the construction list for several years, and Site 2 was recently identified and is causing property damage. Through this design services agreement, KPG, Inc. will be able to tell the City the most cost effective way to approach and construct this project. KPG has worked with the City on the City's Small Drainage Program since 1991. Staff will return to the Committee for program bid award at a later date. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 9 COW FOR DISCUSSION. M. MISCELLANEOUS Meeting adjourned at 5:35 p.m. Next meeting Tuesday, February 10, 2009 5:00 p.m. Conference Room No. 1. Committee Chair Approval