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HomeMy WebLinkAboutCOW 2005-02-14 Item 4B - Agreement - 2005-2006 Neighborhood Drainage Consulting with KPG Inc for $176,683 COUNCIL AGENDA SYNOPSIS d' y kitial ITEMNO. -.r j I Ik q J I Metinz Date Prepared ir; 1 Mayor's nit Co:er.:il raiew 1 m 2/14/05 RL SN` tsoa ITEM INFORMATION I CAS NUMBER: 05-018 IORIGLhAI. AGENDA DATE: FEBRUARY 14, 2005 AGENDA ITEM TILE 2005 Annual Neighborhood Drainage Program Consultant's Agreement with KPG. CATEGORY Discussion Motion 1?ralntion Ordinance Bid Award Public Hearing Other 3Ug Date 3Ug Date MUg Date Mtg Date .1ftg Date Mtg Date ftg Date: 2/14/05 I SPONSOR Connal Major Adm Svcs DCD Finance Fin Izgal Pelt Police PW SPONSOR'S The contract is for design of the 2005 /2006 Annual Neighborhood Drainage Program. SUMMARY Three firms were short listed from the Consultant Works Roster and KPG was chosen as the most qualified. This year we are designing two years of projects for construction in 2005 and 2006. Nine projects have been identified for design and includes Gilliam Creek 42" Ave S Culvert. REVIEWED BY cow Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Plonn;ner Comm. DATE: 2/8/05 RECOMMENDATIONS: SPONSOR /ADm:N. Authorize Mayor to sign the consultant's agreement with KPG. CoMMITrEE Forward to COW and then Regular with approval. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $176,683.00 $952,000.00 Fund Source: 412.02 Surface Water (page 120 125, 2005 CIP) Comments: Total amount budgeted for Annual Neighborhood Drainage and S25, 000frow Gilliam Creek 42 Ave Culvert. MTG. DATE RECORD OF COUNCIL ACTION 2/14/05 MTG. DATE ATTACHMENTS 2/14/05 Information Memo dated February 3, 2005 Map of Sites Consultant Agreement with Scope of Work Utilities Committee Meeting Minutes from February 8, 2005 INFORivIATION MEMO To: From: Date: Subject: Mayor Mullet Public Works Directo~ February 3, 2005 Consultant Recommendation for 2005 Annual Nei!!hborhood lliainal!e PrO!!I"am City Project No. OS-DROll Budget Line Item No. 412.02.594.381.41.09 ISSUE Approve KPG Engineering, Inc., to design the 2005 and 2006 Annual Neighborhood Drainage Program. BACKGROUND The Annual Neighborhood Drainage Program typically identifies projects through maintenance activities as well as citizen complaints. This year we are designing two years of projects for construction in 2005 and 2006. Ai'llALYSIS The Public Works staff reviewed the list of known system deficiencies as well as newly identified ones and compiled projects for design and construction. Projects involving permits with the Washington Department of Fish and Wildlife (WDFW) were reviewed in the field with their area biologist for preliminary approval and expected required mitigation. From this meeting, nine projects were identified for design. One of the projects, Gilliam Creek 42 Ave S Culvert, is identified as a separate CIP project but we are proposing to include its design as part of the Neighborhood Drainage Program to reduce design costs (pg. 125,2005 CIP). The current consultant roster was reviewed and three finns were short-listed to design the selected nine projects. The finns were: I. KPG, Inc. 2. PenhaIIegon Associates Consulting Engineers, Inc. 3. AHBL, Inc. KPG has designed the Annual Drainage Program since 1991 and Public Works staff continues to be very satisfied v.'ith 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 budget. BUDGET SUMl\.fARY Construction Contract for 2004 Design 2005/2006 Construction Estimate 2005 Projects Total ActuaIlEstimate $ 313,562 176,683 461. 755 $ 952.000 Comolete Budl!et $ 927,000 25.000 $ 952.000 R.ECOJ\.1MENDATION Approve the consultant agreement with KPG, Inc., for professional design services to design the 2005 and 2006 Annual Neighborhood Drainage Program for $176,683.00. RL:ad attachments: Location:Map Consultant Agreement (?;~A_D1.~D$!CjI~1l=3SD?ZX<SOcif::') 2005 - 2006 Annual Neighborhood Drainage Projects Vicinity Map . Site 1: S. 140'" Street, 44'" Avenue S to S. 139" Street Ravine . Site 2: 43'" Avenue S, S 142"" Street to S 140'" Street . Site 3: S 133'" Street Culvert Crossing (Southgate Creek) . Site 4: 42"" Avenue SIS 154'" Street . SiteS: 44'" Avenue S, 11600 block . Site 6: S 126'" Street Culvert Crossing (Southgate Creek) . Site?: S 162"" Street, 48'" Avenue S to 51" Avenue S ~ . Site 8: 45'" Avenue S, S 122"" Street to S 124'" Street . Site 9: 42'~ Avenue S Culvert Crossing (Gilliam Creek) CONSDLTili~TAGREE~ffi~~FOR DR~AGE DESIGN SERVICES THIS AGREEMENT is entered into between the City of Tul'V.ila, 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 05-DROl 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 perfon:i1 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 $176,682.6S 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 tbis 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 per'..ammg to this Agr=ent 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. O\vnership 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 p=itted to retain copies, including reproducible copies, of drav.ings 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 documenis, drav..ings, 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, applic~ble 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, iis officers, agenis 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, iis 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 iis 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, iis 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 contriCt 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 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 othemise deducting federal income ta.'{ 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. 2 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, conlmission, percentage, brokef"~e fee, gifts, or any other consideration contingent upon or resulting :trom 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 :trom the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. II. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, "Will not discrimillate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physic<ll 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 ",-ithout the express written consent of the City. 13. Non-Waiver. 'Naiver 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 :trom the losing party. .~ J 16. Notices. Notices to the City ofTuh.'\vila shall be sent to the follO"lving address: City ofTukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: KPG, Inc. 753 -9thAvenueN. 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 amende{[ only by written instrument signed by both the City and the Consultant. DATED this day of ,2005 Steven M. Mullet, Mayor c~ By: Nelson Davis CITY OF TUKWILA Principal Title: Attest! Authenticated: Approved as to Fonn: Jane E. Cantu, CMC, City Clerk Office of the City Attorney 4 Exhibit A City ofTukwila 2005-2006 Annual Neighborhood Drainage Program Scope of Work January 18,2005 KPG The Consultant shall prepare final plans, specifications, and estimates for the following small drainage projects: . Site 1: S. 140th Street, 44th Avenue S to S. 139'" Street Ravine Install new drainage' system to route flows along public right of way and abandon exisilng concrete storm drain beneath private residence. . Site 2: 43'" Avenue S, S 142"" Street to S 140th Street Install new drainage system to connect to site 1 improvements. . Site 3: S 133'" Street Culvert Crossing (Southgate Creek) Replace existing culvert to meet WDFW fish passage criteria. . Site 4: 42"" Avenue SIS 154"' Street Install trench drain to eliminate roadway ponding from private apartment complex. . Site 5: 44th Avenue S, 11600 block Install new drainage system to collect local right of way ponding. . Site 6: S 126th Street Culvert Crossing (Southgate Creek) Replace existing culvert to meet WDFW fish passage criteria. . Site 7: S 162"" Street, 48th Avenue S to 51st Avenue S Install new drainage system within public right of way / alley to convey flows to exisilng system in 51st A venue S. . Site 8: 45"' Avenue S, S 122"" Street to S 124th Street Install new drainage system to connect with Allentown pipe installation on S 12ZW Street (part of Allentown Sewer project). . Site 9: 42rd Avenue S Culvert Crossing (Gilliam Creek) Review existing pipe condition to determine if trenchless repair is feasible, and if so, obtain permits and prepare bid documents. WDFW has indicated that a fish passable culvert is only required if the culvert cannot be repaired with available trenchless technology. Replacement of the culvert to meet fish passage requirements is not included in this scope. City or T ukwila 2005-2006 Annual Neighborhood Drainage 1 or 3 KPG January 18, 2004 Exhibit A Work on these projects shall include any necessary survey, altemative analyses, quantity estimating and cost estimating to complete the projects. Surveyed base maps and horizontal utility locations will be provided for 13.11 projects except sites 4 and 9. Base mapping for site 4 will be based on field measurements by KPG. Previous mapping will be used for the project base map on site 9. Project datum will be assumed on all projects with property information provided only on site 7. The Consultant shall prepare legal descriptions and easement documents for site 7 (2 parcels). The project budget includes one meeting with the property owners to review the project and easement conditions. Fee negotiations, if required, will be the responsibility of the City. The Consultant shall prepare applications and coordinate permit approvals for the following projects as noted: . Site 1 - SEPA approval and HPA . Site 3 - SEPA approval and HPA . Site 6 - SEPA approval and HPA . Site 9 - SEPA approval and HPA 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 I mitigation plans for each of the 4 sites requiring permits. A potholing allowance of $1 0,000 is included in the estimated fee to determine existing subsurface utility elevations in key locations that are identified during base mapping and preliminary design. All existing utilities for the culvert replacement projects (Sites 3 and 6) will be potholed to determine the feasibility of upgrading the culvert to fish passage requirements. It is anticipated that the projects will be bid as 2 separate packages for the 2005 Small Drainage Program and 2006 Small Drainage Program. The Consultant shall perform base mapping, permit agency coordination, utility coordination, preliminary design and cost estimating for each of the project sites to assist the City with prioritization for each 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 each of the two years of this program. For each of the 2005 and 2006 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 ofTuk'.vUa 2005-2006 Annual Neighborhood Drainage 2 of 3 KPG Januarj 18, 2004 Exhibit A Deliverables: The Consultant shall provide the following deliverables: . Memo and cost estimates to assist Cit'j with prioritization of 2005 and 2006 Small Drainage Programs, including any permit or feasibility issues. 2005 Small Drainage Program . 10 copies, 50% Plans and Estimates . 5 copies, 90% Plans, Specifications and Estimates . 40 copies of bid documents (half size) . Legal descriptions and easement documents for 1 parcel 2006 Small Drainage Program: . 10 copies, 50% Plans and Estimates . 5 copies, 90% Plans, Specifications and Estimates . 40 copies of bid documents (half size) . Copies of all permit applications, 5 sites 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 2005-2006 Annual Neighborhood Drainage 3 of 3 KPG January 18, 2004 Hour and Estimate 2005 - 2006 Annual Neighborhood Drainage Program - O.~. ~'" 0- ~~~ ~o;:.% .....1;).. 'bio<":: ....<-:G _ 0 ::. 0._.. ~eF::: -0- ". > ~o s ..1.. '" t:: '" ~ ~ U! ~ z ~ U! U! U! U- o Z 4. ~ :> o :I: \: '" "'0 \- \~ E -- ot> uJ ~ ::> ~ ~ o '3 E to ~ ~ ~ t>- '" ~ s:: to 5 'C o o J:. ~ o ~ J:. 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Q.;-o'~ 0..; (I); (D-G> wiD ~ ir-:ir. u:~ ~.......:c<")(") ~C'i;C'ic--i. " o -- f: ~ <) II> '" P ~ ~ \- ~ '" o o o <:) 0 .0 0' 000..0 0.\' ci ci ci ci O\'~ ooo<-.o:t ""'~~~~\ ~",,,, ~$.~::F7~ " ~ ~ <> ~ D3 '" :g <II ~ ::> ~ "<"' E ~ 0; II> !I: ~ ooo~ 000 cio.o "'.-;::~ I;;fl<.'i:f't tB ~ ~ .'" o ~ t>- O> '" .. .s .. o ~ E (f) <<> o ~ "" o <::> '" E o \- '" ~ ~ \- '" o g ?5 (';j ,c:: ,0 ~g <:)-'0 tn ~:e s:: '" ~~'.~ E ~ " "- '" ~ ~ \- .' ---.---.. o ^ ,-€- _ '+Y' Utilities Committee February 8, 2005 Dave Fenton, Chair; Joan Hernandez, Jim Haggerton Jim Morrow, Robin Tsclunark, Frank Iriarte, Pat Brodin, Ryan Larson, Lisa Verner, Steve Lancaster, Derek Speck, Lucy Lauterbach; Keith Goldsmith, Bill Arthur, Mario Segale, Mark Segale, Sue Carlson Yl. 2005 Small Drainage Contract Nine projects have been selected for the ~ 2005-2006 small drainage projects. Two years worth of projects are designed and then those projects are constructed over the following two years. Four projects will be constructed in 2005. One of the nine projects, #9, is a CIP project (Gilliam Creek/Southcenter Boulevard), but it will be included for construction at the same time. KPG was chosen from the short list. They have been involved in the City's program since 1991. Forward to COW with recommendation approving the agreement with KPG for desien services in the amount of S176.683.00. Present: 2. Cascade \Vater Alliance lnterlocal Agreement Tukwila has been a member of Cascade Water Alliance (CWA) since its inception. Jim H. pointed out that in 2000 CW A's assets were $600,000; in 2005 that amount has risen to $30 million. The interlocal re-establishes the working order among cities, dues, and fees for water. Tukwila now gets its water through CW A, even though it is all Seattle water. The interlocal allows CW A to issue debt and allows cities to include it in their comprehensive plans. At today's annual meeting, attended by approximately 100 people, King County signed a memorandum of understanding with CW A about water, Forward to CO\V with recommendation for lVlavor's sienature on Cascade Water Agreement. 3. Status ofTVS Infrastructnre Proposals Jim M. opened up the discussion by stating that the Council relies upon Staff to provide the facts; to address both the good and the bad; to leave the wild guesses behind; and to do it professionally so that informed decisions can be made. Staff does not have the luxury of being "half right" or close enough. If a mistake is made, it is immediately evident. A critical piece of infrastructure does not work; a lawsuit gets filed; costs skyrocket; or in a worse case scenario someone gets injured. There is no one to whom the risk can be passed. Jim M. went on to state that the Council was not being asked to make any decisions, rather tonight was an opportunity to talk about pure engineering issues and the challenges that are being addressed in order to make TVS a success. Jim M stated that it is La Pianta's goal to drain by gravity into the public system from any piece of developable property the sewer and surface water flows, A laudable goal, except that it transfers all the risk to the City, increases construction costs, and requires extremely high operation and maintenance efforts to make it function. The City'-s goal is