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HomeMy WebLinkAboutCOW 2008-05-12 Item 5E - Agreement - 2008 Annual Drainage Program with KPG Inc for $58,723.60 COUNCIL AGENDA SYNOPSIS ti Initials ITEM Ara O: ►j te; iiA Meeti,j i Date J P�pared by Mayor's review cz1 review t 2 05/12/08 I RL ,Z4 a `0. 05/19/08 I RL Jv 1 1 ITEM INFORMATION 1 CAS NUMBER: 08-057 I ORIG NAL AGENDA DATE: MAY 12, 2008 AGENDA ITEM TITLE 2008 Annual Neighborhood Drainage Program, Consultant's Agreement with KPG CATEGORY Discussion EZ Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 05 /12 /08 Mtg Date 05/19/08 Mtg Date if Date Mtg Date Mtg Date Mtg Date: SPONSOR n Council n Mayor Adm Svcs DCD Finance Fire Legal Pe R Police PI/ SPONSOR'S The contract is for design of the 2008 Annual Neighborhood Drainage Program. Three SUMMARY firms were short- listed from the Consultant Works Roster and KPG was chosen as the most qualified. This year we are designing six projects and the seventh project will include a feasibility study to determine the preferred routing of future drainage improvements. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. El Parks Comm. Planning Comm. DATE: 05/05/08 RECOMMENDATIONS: SPONSOR/ADMEN. Authorize Mayor to sign the consultant's agreement with KPG. COMi\LITTEE Unanimous approval; forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $58,723.60 $60,000.00 Fund Source: 412.02 Surface Water (page 134, 2008 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 05/12/08 05/19/08 MTG. DATE ATTACHMENTS 05/12/08 Information Memo dated April 28, 2008 Location Map Consultant Agreement with Scope of Work Utilities Committee Meeting Minutes from May 5, 2008 05/19/08 INFORtMATION MEMO To: Mayor Haggerton From: Public Works Director Date: April 28, 2008 Subject: 2008 Annual Neighborhood Drainage Program Project No. 08 -DRO1 Consultant Selection Agreement ISSUE Approve KPG, Inc., to design the 2008 Annual Neighborhood Drainage Program. BACKGROUND The Annual Neighborhood Drainage Program identifies projects through maintenance activities as well as citizen complaints. This year, we are designing or completing the design of six projects for construction m 2008 and conducting a feasibility review of one project. ANALYSIS The Public Works staff reviewed the list of known system deficiencies and compiled projects for design and construction in 2008. One project design was started in 2004 but was not completed due to ownership questions of the failmg pipe that have now been resolved. Three projects involve permits with the Washington State Depai l)nent of Fish and Wildlife (WSDFW) and were reviewed m the field with their area biologist for preliminary approval and expected required mitigation. The current consultant roster was reviewed and three firms were short-listed to design the selected seven projects. The firms were: 1. KPG, Inc. 2. Penhallegon Associates Consulting Engineers, Inc. 3. Perteet, Inc. KPG has designed the Annual Drainage Program since 1991 and Public Works staff continues to be satisfied with their work. KPG has a good working relationship with the WSDFW, is knowledgeable of City requirements, remains flexible to design changes, and continues to complete design within budget. BUDGET SUMMARY Contract Budget Annual Small Drainage Program Design 58,723.60 60,000.00 RECOMMENDATION Approve the consultant agreement with KPG, Inc., for professional design services to design the 2008 Annual Neighborhood Drainage Program for $58,723.60. RL. sb attachments: Location Map Consultant Agreement (P. Projec0'A- DR Projsu`08DRONu(o Memo SDP 2008 Dea®) S86 P $s7 PI 2008 Annual Neighborhood $94 P, 0, Drainage Program Nip" lik 1 ,--,,:ore Site 7 t 5:0 3r (Feasibility Only) Site 3 WI 1 S 1 2 St �q— 1 Q N s9-111111l11►k Frey Ils 30 Site 1 c 1 4 Site 2 v 1. �S,3 ii i\ j S 139 Itt, Site 4 r i g N 0 nr n- v N e L 144 St� Q v S C 'jam© g F qty I t 1 A v S 166 St °e co �j 2 St XIII ,,,7,, I 40 o `1 0 L c am r Tulori 3 Pky I, v V a 1I x 01 `L_ I Strand ra 91w1 r. i Site j L T a x o` Q _5 a Corporate N 2 j to rporata C S v -4 fi Mtltaricl Site 6 Costoot a sr S 90 St a 0 aa� g GIS 4.fie o x s Tukwila nos CONSULTANT AGREEMF,NT 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 2008 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 $58,723.60 without express written modification of the Agreement sinned 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 Iaws, 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 attomey'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 part3'. 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 2008 CITY OF TUKWILA CONSULTANT By: L-- Nelson Dais Jim Haggerton, Mayor Principal Title: Attest/Authenticated: Approved as to Form: Christy O' Flaherty, City Clerk Office of the City Attorney 4 Exhibit A City of Tukwila 2008 Annual Small Drainage Program Scope of Work April 21, 2008 KPG The Consultant shall prepare surveyed base maps, final plans, specifications, and estimates for the following small drainage projects: Site 1: South 130 Street Replace failing culvert and provide alley drainage between 32" Avenue S and 33 Avenue S. Site 2: Macadam Road Replace failing storm drain system at approximately 14239 Macadam Road. Site 3: West Marginal Way Outfall Replace failing outfall and portion of storm drain pipe to eliminate a sink hole in adjacent driveway. 60% design was completed as part of the 2004 small drainage program. Site 4: South 149 Street 57 Avenue South Install new storm drain system to collect roadway runoff and reduce flooding of adjacent residents. Storm drain will be installed on an existing utility easement to convey flows from the dead end of South 149 Street to South 150 Street. Site 5: Treck Drive Replace failing catch basin lid and adjacent curb and driveway with custom fabricated casting to reduce damage from trucking activities. Site 6: Upland Drive Replace failing catch basin lid and adjacent curb and driveway with custom fabricated casting to reduce damage from trucking activities. Site 7: 10349 Beacon Avenue S Obtain surveyed elevations of low point and surrounding drainage systems to determine feasibility and preferred routing of future drainage improvements. No base mapping or final design is anticipated for this site. City of Tukwila KPG 2008 Annual Small Drainage Program 1 of 3 April 21, 2008 Exhibit A 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 maps 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. A potholing allowance of $5,000 is included in the estimated fee to determine existing subsurface utility elevations in key locations that are identified during base mapping and preliminary design. It is anticipated that the projects will be bid as one package for the 2008 Small Drainage Program. The Consultant shall perform base mapping, permit agency coordination, utility coordination, and preliminary design and cost estimating for each of the project sites to assist the City with prioritization for the bid package. Projects will be prioritized based on available budget and other factors (such as permit complexity, utility relocation needs, easements, etc.) to achieve a realistic schedule and project listing for the 2008 Small Drainage Program. For the 2008 Small Drainage Program, the Consultant shall submit 50% and 90% plan, specification, and estimate submittals for City review prior to bidding. The City may reprioritize the projects based on estimated costs and available budget. City of Tukwila KPG 2008 Annual Small Drainage Program 2 of 3 April 21, 2008 Exhibit A Deliverables: The Consultant shall provide the following deliverables: Feasibility recommendations on Site 7. SEPA checklist for work on sites 1, 2, and 3. JARPA application for sites 1, 2, and 3 HPA Distribution of 50% Plans to utilities 2008 Small Drainage Program: 10 copies, 50% Plans and Estimates 5 copies, 90% Plans, Specifications and Estimates 40 copies of bid documents (half size) The City shall provide the following items: Property owner contact information Existing utility information, as available Plan reviews and comments Easement negotiations, if required. 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CL 0 c c 7 e g —0 2 m CL n .0 e c e e 1.- i co C 0 0 LLI CO E 2 SI m 2 f) 2 2 CO C c 2 2 E t 2 5\ 5 R c 0 0 e o e E o c �g =E\ iii LL O -E e e c 2 E co CI R E/ E k G m J e e a$ e a II E± w cc k N@ k\ RS O 2 w w ca 2 a R y City of Tukwila w ,I N Utilities Committee 2 1908 UTILITIES COMMITTEE Meeting Minutes May 5, 2008 5:00 p.m. Conference Room #1 PRESENT Councilmembers: Verna Griffin, Chair; Joan Hernandez, and Kathy Hougardy Staff: Jim Morrow, Frank Iriarte, Mike Cusick, Pat Brodin, Bob Giberson, Ryan Larson, Gail Labanara, Mary Miotke, Rhonda Berry and Kimberly Matej CALL TO ORDER: Committee Chair Griffin called the meeting to order at 4:58 p.m. I. PRESENTATIONS A. Cascade Water Alliance Update At the March 17, 2008, Regular Council meeting representatives from Cascade Water Alliance made a presentation on the Lake Tapps Asset Purchase Agreement. As a benefit to new councilmembers, staff decided to present a brief history of Cascade Water Alliance to the Utilities Committee. Pat Brodin explained the formulation and purpose of Cascade Water Alliance. Cascade was essentially created when several King County communities decided to breakaway from Seattle for water supply in search of a cost effective and environmentally sensitive water source. Cascade Water Alliance is an association of eight cities and water districts in the Puget Sound region working together to ensure a clean, safe, and reliable water source. Cascade supplies nearly 50% of retail water sales in King County outside of Seattle; including over 370,000 residents and 22,000 businesses in the Cities of Bellevue, Kirkland, Redmond, Issaquah, and Tukwila and Covington Water District, Sammamish Plateau Water Sewer District and Skyway Water Sewer District. INFORMATION ONLY. II. BUSINESS AGENDA A. Comcast Communications Conduit Agreement Staff is seeking Council approval to enter into a Communications Conduit Agreement with Comcast of Washington IV, Inc. Currently, the Comcast franchise agreement with the City focuses on providing cable television and high speed internet to the residents of Tukwila, but not to commercial businesses. In Comcast's efforts to offer these services to Tukwila's Commercial Business District, they are seeking to utilize a portion of the City's conduit located at the Strander Boulevard Bridge in order to extend their fiber optic infrastructure. Among the many benefits offered by the agreement, use of the City's conduit will enable Comcast to provide cable television and high speed internet to commercial businesses as well as facilitate broadband development through the Central Business District. UNANIMOUS APPROVAL. FORWARD TO MAY 12 COW FOR DISCUSSION. B. 2008 Annual Small Drainage Program Design Consultant Selection and Agreement Staff is seeking approval to enter into a consultant agreement with KPG, Inc. in the amount of $58,723.60 for design services for the City's Annual Small Drainage Program. Utilities Committee Minutes Mav 5. 2008 Paae 2 Six projects have been identified for construction in 2008 through maintenance and citizen complaints. Additionally, a feasibility review will be conducted of a seventh possible project. 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. Staff will return to the Committee for program bid award at a later date. UNANIMOUS APPROVAL. FORWARD MAY 12 COW FOR DISCUSSION. III. MISCELLANEOUS Meeting adjourned at 6:17 p.m. Next meeting: Monday, May 19, 2008 5:00 p.m. Conference Room No. 1. Committee Chair Approval Mindtes by KAM. Reviewed by GL