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HomeMy WebLinkAboutCOW 2010-04-12 Item 5G - Agreement - 2010 Annual Small Drainage Program Design with KPG Inc for $47,990.16CAS NUMBER 10-043 COUNCIL A G ENDA SvLvoPsIs Meeting Date 1 Pjepared by 1 Mayoy ,council review 04/12/10 RL I 942. 1 04/19/10 I RL 1 L- I ITEM INFORMATION Initia /s AGENDA ITEM TITLE 2010 Annual Small Drainage Program Design Consultant Agreement with KPG, Inc. I ORIGINAL AGENDA DATE: APRIL 12, 2010 CND (.30RY Discussion Motion 1 1 Resolution Ordinance Bid Award Public Hearing 1 1 Other Al Date Mtg Date Mtg Date 'SPONSOR J Council Mayor Adm Sven DCD Finance Fire 1 Legal P&'R Police 1'GV SPONSOR'S SUMMARY 1 MTG. DATE 04/12/10 04/19/10 04/19/10 MTG. DATE 04/12/10 Mtg Date 04/12/10 Mtg Date 04/19/10 Mtg Date Fund Source: 412 SURFACE WATER FUND (PAGE 144, 2010 CIP) Comments: 1 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 03/15/10 Vicinity Map Consultant Qualification Review Consultant Agreement with Scope of Work and Fee Minutes from the Utilities Committee meeting of 03/23/10 ITEM No. A1tg Date This contract is for design of the 2010 Annual Small Drainage Program. Three consultant 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 2010. Council is being asked to approve the design contract with KPG, Inc. in the amount of $47,990.16. RiwIEWIM BY I 1 COW Mtg. n CA &P Cmte F &S Cmte U Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. n Planning Comm. DATE: 03/23/10 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $47,990.16 $50,000.00 $0.00 115 116 City of Tukwila Mayor Haggerton Utilities Committee FROM: Public Works Director TO: DATE: March 15, 2010 INFORMATIONAL MEMORANDUM SUBJECT: 2010 Annual SmaII Drainage Program Project No. 10 -DR01 Consultant Recommendation Agreement ISSUE Approve KPG, Inc. to design the 2010 Annual Small Drainage Program. BACKGROUND The Annual Small Drainage Program repairs surface water projects that are identified through maintenance activities as well as citizen complaints. This year, we are proposing the design of three projects for construction in 2010. DISCUSSION The Public Works staff reviewed the list of known system deficiencies and compiled a list of three projects for design and construction in 2010. The three projects selected are: 1. Gilliam Creek Regional Detention Facility Install safety railing and access platform. 2. Gilliam Creek, S 154 Street Crossing Reconstruct existing rack structure and provide ramp access. 3. Tukwila International Blvd Replace existing failed 18" CMP with new pipe. The current consultant roster was reviewed and three firms were short- listed to design the selected three projects. The firms were: KPG Inc., PACE Engineers, and RW Beck. The firm's Summary of Qualifications were evaluated and scored. KPG, Inc. was selected as the firm that best met the requirements of this type of project. KPG, Inc. has designed the Annual Small Drainage Program since 1991 and Public Works staff continues to be very satisfied with their work. KPG, Inc. has a good working relationship with the Washington Department of Fish and Wildlife, is knowledgeable of City requirements, remains flexible to design changes, and continues to complete design within the budget. It is recommended that KPG Inc. design the 2010 Annual SmaII Drainage Program for a fee of $47,990.16. BUDGET SUMMARY Contract Budget Design 47,990.16 50,000.00 RECOMMENDATION The Council is being asked to approve this design agreement with KPG, Inc. in the amount of $47,990.16 for the 2010 Annual Small Drainage Program and consider this item at the April 12, 2010 Committee of the Whole meeting and subsequent April 19, 2010 Regular Meeting. Attachments: Location Map Consultant Rating Sheet Consultant Agreement W:IPW Eng1PROJECTSIA- DR Projects110 -DR01 (2010 SDP)lDesignllNFORMATION MEMO Storm Ordinance doc Jim Haggerton, Mayor 117 118 2010 Annual Neighborhood Drainage Program 120 �O S ®P Qualification �eV jeW ToP Choice, 2 Second Ch ice. 3 Third Choice) T OwAL otal Score is best) Rank Best) Firm Lowest E ce with HP Cr ee all Scale Projects edule and Within Budget t to keep projec on sch pb�i� y Members Key Tear' Memb e ct Teams Availability of Project e System cess, Drainag owiedge of City Plan Pro Kn 2. 122 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 perfouu drainage design services in connection with the project titled 2010 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 $47,990.16 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 perfonned, 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. 123 124 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. 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. 126 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 2010 CITY OF TUKWILA CONSULTANT By: Jim Haggerton, Mayor Nelson Davis, KPG Principal Title: Attest /Authenticated: Approved as to Form: Christy O'Flaherty, CMC, City Clerk Office of the City Attorney 4 Exhibit A City of Tukwila 2010 Annual Small Drainage Program Scope of Work March 3, 2010 KPG The Consultant shall prepare base maps, final plans, specifications, and estimates for the following small drainage projects: Site 1: Gilliam Creek Regional Detention Facility Install safety railing and access platform on existing detention outlet structure. Site 2: Gilliam Creek, S 154 Street crossing Remove and replace existing trash rack on inlet structure immediately south of S 154 Street. Regrade channel and /or provide ramp to improve access for maintenance. Site 3: Tukwila International Boulevard Existing drainage from the west of TIB and south of Intergate Gate West frequently plugs and causes flooding across TIB. Remove existing 18" CMP and replace with 18" HDPE pipe with debris barrier for inlet protection. 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 sites 2 and 3. Asbuilt drawings and field measurements will be used for base conditions on the outlet structure for Site 1. Project horizontal and vertical datum's will be assumed on all projects. The Consultant shall assist the City with a SEPA checklist and JARPA application for Sites 1 and 2. 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. It is anticipated that the projects will be bid as one package for the 2010 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 City of Tukwila 2010 Annual Small Drainage Program 1 of 2 KPG March 3, 2010 127 128 Deliverables: City of Tukwila 2010 Annual Small Drainage Program 2 of 2 Exhibit A relocation needs, easements, etc.) to achieve a realistic schedule and project listing for the 2010 Small Drainage Program. For the 2010 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. The Consultant shall provide the following deliverables: Distribution of 50% Plans to utilities 2010 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, 1 /2 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 As built drawings for Site 1 detention structure Plan reviews and comments Easement negotiations, if required. Fees associated with advertisement on BXWA.com KPG March 3, 2010 HOUR AND FEE ESTIMATE EXHIBIT B Project: City of Tukwila 2010 Annual Small Drainage Program Labor Hour Estimate Project Project Survey Task Description Manager Engineer Field Crew I Toohnician Clerical 177/45 113.57 140]]8 94.34 59.01 Task 1 Small Drainage Program 11Management/Coondination/Admtnintradon 8 0 1.2 Topographic survey 0 16 1.3 Fia>d n�vews 4 8 1.4 P�peroPlans �s�m�o8nhoots) 03/16/2010 u o,8__, 1.971.68 24 16 0 6.080.50 4. 1 Architecture Landscape Architecture Civil Engineering Total Fee Fee Gilliam Creek Regional Detention 16 0 24 4/438.16 G��mCn��k �/54�S��e 4__ 2 10 0 1O 0 3�O1�� Tukwila International Boulevard 2 20 0 16 0 ____4.13574_ Prepare Detail Sheets 2 8 0 16 0 2.772.80 Suboonoultant coordination for site 1 tybriootion 4 8 0 4 0 1,995.72 1.5 20J9 Small Drainage Pmgnam Prepare 50%&V0% Review Submittals 4 8 0 8 4 2.649.12 UVlifynoon/inabnn 0 4 0 0 2 50230 Quantity and Cost Estimating_ 2 8 0 8 0 2,018.18 Prepare 4 1.53Q.50 P m 2 i 8 0 0 �hu� o8/dDooumen/t 2 4 0 8 1,839.94 Rb[�ab|aexpenses see breakdown �xd�� ai 0.200.00 Task Totals i 34 124 24 120 22 1 42,515.00 I HOUR AND FEE ESTIMATE Project: City of Tukwila 2010 Annual Small Drainage Program EXHIBIT B j Labor Hour Estimate l Project 1 Project Survey Manager Engineer Field Crew Technician $Clerical 01 Description 177.45 113.57 140.00. 94.34 Task 2 Permitting 7 2 1 8 O 2.1 Assist City with SEPA checklist 2 8 2.2 Assist City with DARPA applications 0 2.3 Assist City with WDFW coordination i 4 4 i 2 0 Reimbursable expenses see breakdown for details Task Totals Task 03/16/2010 4 12 Cr Architecture Landscape Architecture ivil Engineering Total Fee Fee 4 1,916.86 2 2,156.20 1,302.10 2 100.00 8 j 5,475.16 Total Estimated Fee: 47,990.16 Cost Reimbursable Breakdown 200.00 Task 1 -2010 Small Drainage Program 1,000.00 _Mileage Roduction Gravitec Technical suppor Fabrication 5,000.00 6,200.00 Task 1 Total 50.00 Task 2 Permitting 50.00 Mileage 100.00 Reproduction Task 2 Total UTILITIES COMMITTEE Meeting Minutes March 23, 2010 5 :00 p.m. Conference Room #1 PRESENT Councilmembers: Kathy Hougardy, Chair; Joe Duffle and Allan Ekberg Staff: Bob Giberson, Frank Iriarte, Gail Labanara, Ryan Larson, Greg Villanueva, Steve Lancaster and Kimberly Matej CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:00 p.m. I. PRESENTATIONS No Presentations City of Tukwila Utilities Committee II. BUSINESS AGENDA A. Ordinance for Franchise Renewal: AboveNet Communications Staff is seeking full Council approval of an ordinance renewing the franchise agreement with AboveNet Communications (formerly Metromedia Fiber Network Services, Inc.). This franchise agreement allows AboveNet Communications to install, operate and maintain a telecommunications system in the City right -of -way. The current franchise agreement expired on December 12, 2009, and although AboveNet currently has no plans for expansion, they may need access to the right -of -way for repairs and /or maintenance. The agreement is for three years, and the terms and conditions have not changed. There are no City funds expended on this agreement. AboveNet will pay the City a $5,000 fee for the reimbursement of administrative costs associated with this agreement. UNANIMOUS APPROVAL. FORWARD TO APRIL 12 COW FOR DISCUSSION. B. Ordinance for Franchise Agreement: PAETEC Holding Coro. Staff is seeking full Council approval of a franchise agreement with PAETEC Holding Corporation to install, operate and maintain a telecommunications system in the City right -of -way. This franchise agreement is essentially the same agreement as above, and although PAETEC currently has no plans for expansion, they may need access to the right -of -way for repairs and/or maintenance. PAETEC acquired the fiber optic assets of McLeod USA. The agreement is for three years. There are no City funds expended on this agreement. PAETEC will pay the City a $5,000 fee for the reimbursement of administrative costs associated with this agreement. UNANIMOUS APPROVAL. FORWARD TO APRIL 12 COW FOR DISCUSSION. C. 2010 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 $47,990.16 for design services for the City's 2010 Annual Small Drainage Program. KPG was chosen from the City's consultant roster (Municipal Research and Services Center Rosters), and has designed the Annual Small Drainage Program since 1991. Due to limited budget funds, Public Works has limited this year's program to 3 sites, verses the average 4 -6 sites per year. Three projects have been identified for construction in 2010 through maintenance and citizen complaints. Sites 1 and 2 involve Gilliam Creek and Site 3 is along Tukwila International Boulevard 131 132 Utilities Committee Minutes March 23, 2010 Page 2 south of Intergate West. Through this design services agreement, KPG, Inc. will be able to tell the City the most cost effective way to approach and construct these projects. UNANIMOUS APPROVAL. FORWARD TO APRIL 12 COW FOR DISCUSSION. D. NPDES Program: 2010 Stormwater Management Program and 2009 Annual Report Staff has completed the 2010 update to the Stormwater Management Program as well as the 2009 Stormwater Management Annual Report. As a National Pollutant Discharge and Elimination System requirement, the City must submit a signed and certified annual report to the Department of Ecology by March 31. The 2010 Program update will also be submitted, and is considered to be a working document until the final plan in completed in August 2011. INFORMATION ONLY. III. MISCELLANEOUS Meeting adjourned at 5:34 p.m. Next meeting: Tuesday, April 13, 2010 5:00 p.m. Conf. Room No. 1. Committee Chair Approval by r!M. Reviewed by GL.