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HomeMy WebLinkAboutSpecial 2006-12-11 Item 5E - Agreement - 2007 Neighborhood Drainage Program Design with KPG Inc COUNCIL A GENDA SYNOPSIS k y _Tnitials ITEMNO. J O i t Meeting Date Prepared b Mayor's review Council review I p 12/11/06 1 RL j6X1 i- I (4.:\ R eit fir I UI I 1908 1 ITEM INFORMATION CAS NUMBER: 06-151 I ORIGINAL AGENDA DATE: DECEMBER 11, 2006 AGENDA ITEM TITLE 2007 Annual Neighborhood Drainage 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 Council Mayor Adm Svcs DCD Finance Fire Le PAR Police PTV SPONSOR'S The contract is for design of the 2007 Annual Neighborhood Drainage Program. Three SU firms were short- listed from the Consultant Works Roster and KPG was chosen as the most qualified. This year we are designing seven projects for construction in 2007. 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. COMMITTEE Unanimous approval; forward to 12/11/06 Council meeting. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $108,920.66 $130,000.00 Fund Source: 412.02 Surface Water (page 139, Proposed 2007 CIP) Comments: Total amount budgeted includes Design and Construction Management. MTG. DATE RECORD OF COUNCIL ACTION 12/11/06 MTG. DATE ATTACHMENTS 12/11/06 Information Memo dated November 29, 2006 Map of Sites Consultant Agreement with Scope of Work Utilities Committee Meeting Minutes from December 5, 2006 INFORMATION MEMO To: Mayor Mullet From: Public Works Director Date: November 29, 2006 (J Subject: 2007 Annual Neighborhood Drainage Program Consultant Recommendation Project No. 07 -DRO1 ISSUE Approve KPG, Inc., to design the 2007 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 seven projects for construction in 2007. ANALYSIS The Public Works staff reviewed the list of known system deficiencies and compiled projects for design and construction in 2007. Three of these project designs were started during the last design contract but were not completed due to other needs. Two projects involve permits with the Washington State Department of Fish and Wildlife WSDFW) and were reviewed in 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 very 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 Design CE Contract Budget Design 108,920.66 130,000 The 2006 Small Drainage design/construction engineering project is expected to underrun the budgeted amount by approximately $25,000. The $25,000 was not identified in time to carry over into the 2007 budget, yet these funds are available as this is an Enterprise Fund. RECOMMENDATION Approve the consultant agreement with KPG, Inc., for professional design services to design the 2007 Annual Neighborhood Drainage Program for $108,920.66. RL:ad attachments: Location Map Consultant Agreement (P:Projec A- DR P.ojxal07DR0111nfo Memo SDP 2007 Design) T pl 67 p1 2007 Annual Neighborhood 694 p1 F o Drainage Program 1 5 0 S 1 2 St .4 if Site 3 Site 2 e a •o 1 59g g j prok Site 4 Site 6 51, I 0 ,rte .I 0 P /0�A Site 7 M/ `b: Site 5 WWI, t r �i 1691 TI Aill f S N i L 5 .�y7 St._Sr vl 475, ia7 S150St 19 1 o 3 1/44 ly S,52 St e Sib G i �r s Site 1 s ,sfi st SW s 158 st T Tukv.4 3 Awl 44111 tM �I m 3 a iyi .enanr Cr Med M Trac Or E a x 5 8 D i it Corporate D. .N m 5 Corporate De S c e 8 Mlnkter RMr, Upland Or M J illen Or Costco 72. T Dr sr ,BOSt r is Q v s r. Ste. GIS rays Y Tukwila 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 2007 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 $108,920.66 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 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 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 2005 CITY OF TUKWILA CONSULTANT By: 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 2007 Annual Neighborhood Drainage Program Scope of Work November 15, 2007 KPG The Consultant shall prepare surveyed base maps, final plans, specifications, and estimates for the following small drainage projects: Site 1: 65 Avenue South Install new under drain to collect seepage from existing junction box and connect to existing storm drain system. Site 2: 44 Avenue South Install new storm drain system to replace existing ditch system between S 116 St and S 122 St. Connect new system to existing area storm drain system. Site 3: South 116 Street Install new storm drain system to collect local ponding in yards between 44 Ave S and 42 Ave S. Connect new system to existing area storm drain system. Site 4: 47 Avenue South Instal! new storm drain system to eliminate flooding between S 124 St and S 122 St. Connect new system to existing storm drain on S 122 St. Site 5: South 135 Street Install new drainage system to collect local right of way ponding between Military Road and 32 Ave S. Connect new system to existing storm drain on 32n Ave S. Site 6: South 126th Street Culvert Crossing (Southgate Creek) Replace existing culvert to meet WDFW fish passage criteria. Site 7: South 133 Street Culvert Crossing (Southgate Creek) Replace existing culvert to meet WDFW fish passage criteria. 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 except for Sites 3, 6, and 7. Previous mapping from the 2005 -2006 Annual Neighborhood Program will be used City of Tukwila KPG 2007 Annual Neighborhood Drainage 1 of 3 November 15, 2007 Exhibit A for the project base maps on sites 3, 6, and 7. Project horizontal and vertical datum's will be assumed on all projects. The Consultant shall prepare applications and coordinate permit approvals for the following projects as noted: Site 6 HPA approval (SEPA completed previously) Site 7 HPA approval (SEPA completed previously) It is our understanding that none of the projects will require biological assessments, additional permits, detention facilities, or water quality treatment facilities. The Consultant will prepare landscape restoration mitigation plans for the site requiring permits. 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. The consultant shall coordinate relocation with existing utilities on for Site 7 in anticipation of culvert replacement in 2008. It is anticipated that the projects will be bid as one package for the 2007 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 2007 Small Drainage Program. For the 2007 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 2007 Annual Neighborhood Drainage 2 of 3 November 15, 2007 Exhibit A Deliverables: The Consultant shall provide the following deliverables: Memo and cost estimates to assist City with prioritization 2007 Small Drainage Programs, including any permit or feasibility issues, and recommended solutions. 2007 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. City of Tukwila KPG 2007 Annual Neighborhood Drainage 3 of 3 November 15, 2007 N• o W o o v V' CD N co CO v O CO CO CO 0 a v r CO Nt Ch Nt CD r r CO c CO 1 O h CO LO Tr 0 0 h N O N O r of Cn 61 6 6 r 4 6 CO h N Oj O C7 C7 o 0 a 0? C") co v. CO 1- v CD CD CA CA 0) O N h C0 10 W h O 10 G i. 0 CO W 00 W c`') v h C5 t0) 1 W h C? N O r W r c) O O Ai ,C' Q LL a) cr N r r r c W tC) cc 'ct' 0- v c. r N r N N N 00 C LL e- 4 W O s .a. Tit- m m ,000 O O O O O O O O O O v v o v v g 0 C M v c6 L O W et O N N N O W O O M Cf f H c 3 -cc) 0000 0000000000 OOOOO O Z w m r tL a .._c J 0 0 o "�C O °N�°W W O a C0 r r .t wie h- o)tV O o m 'O C W o Cfl v N oO 00 N N N N N N N N O N N N ti N Q W N r E m m w a o y O W co CD C co e0 a C o` L O 4- o h E 3 w O C 0 Q 0 co 0 O 0 O L O. a a E "E w L rn 0 00 C V W N W m 0 o< 0 ow m 0) Cu Cb cl C W y C: m 0 I- Q ar 0 4- ,00 0) 0 000-C O y W os to m fl o Nw e vll a'S mU o F- y ets E Q)¢COcoca sa o m o o o c N c o E m to er' N''' Q a o lo o m o di a W w GV 3 ..cO V0N-000 m o o 0. W ti co c) 3 .a m N M v to ca N a s 3 o m c Wec W z. 0 E 0 Cn 0 0 0 0 CO W m —Q-0 o c�N 0 0> 0 m�����y�naa �a5c�aa g z o 0 o a s a t` E Q W o a� 1 21 -iLaa Cl. CV a' O 0 N c in t` d I r r 011. 2 CO at O N co 0 0 0 40 0 0 0 CO 0 001 to Co 0 0 0 0 0 0 g 41 o r 0 !O O 0 0 0 0 0 0 0 00 00 0 (0 0++ T, y 0 co N CO N 0 0 0 0 w N O V. a) N r a N N Lri CD 04 a w 0 LL M O -uW p 0 0 a /3 �rESS� 41 l U .a• S d C. 0 V N co LL U TI 64 CD m co E to c o e- W 0 CD E 0 a �0 F w m m0 a Z U c 0 o 0 o 3731- xCA t7) o .0 L c0 J c a a) o y 0 co tO 0 m� 0 c W 6., m N 0 I-- m co r 0 En •0 C (p d' `7 co O) 0 ,.p N w E 0 1-- 0 L N m 2 N to 0. co co co 0 O 0 0 L V c 0 o c '0 cis O U 0 0 O O Y t a Q d L.. ea o o R .0 ea a)� m ce ILI Of 0 c w y Y O O Q ea Z .5 0 d 2 m a 3 i0 E' c c C c to 0 f 3 n o w F c x O coo 1 W C Q °o Y U d v a m -'c o a a a) es o o co cg RI L a 0 y m N Q O U N E m m ti L a a E RP 0 Z L D1B e 0. re c am N d lL� .0 r N Y a) r E Je O d co H CV N It F- F- Utilities Committee 2 December 5, 2006 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, El, BG, and RB.