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Home My WebLink AboutUtilities 2008-05-05 Item 3B - Agreement - 2008 Annual Drainage Program with KPG Inc INFORivIATION MEMO To: From: Date: Subject: Mayor Haggerton Public Works Directo~ April 28, 2008 2008 Annual Neil!hborhood Drainal!e Prol!ram Project No. 08-DROl 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 in 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 failing pipe that have now been resolved. Three projects involve permits with the Washington State Department ofFish 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 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 Annual Small Drainage Program Design Contract $ 58,723.60 Budget $ 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:ProjcctM. DR ProjeelS'llIDROIIJoIb Memo SDP 2008 Design) 9 2008 Annual Neighborhood Drainage Program Map S 158 St S 158 St S 156 St TtrkwIt t PkY Midland Or S 180 St StranerQ Blv d CSs tco i Site 3 588 pt Site '1 Site 6 Site 7 (Feasibility Only) Site 2 3 Z 8 e Site 4 aY Site 5 CONSUL TA1'41 AGREEl\'IENT FOR DR..ill~AGE DESIGN SERVICES TillS AGREEl\1ENT is entered into between the City ofTukwila, '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 perfonn 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 fraIn 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 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 paynient 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)ayears after final payments. Copies shall be made available upon request. 11 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under t.his 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 "Vith the Consultanfs 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 perfonn- 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 (3 0) 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 r~lationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall 2 12 be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The Ci~l shall not be responsible for \vit}1..holding or otherwise deducting federal income tax or social security or for contributing to the state industriai 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 oftrus 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 attorneis fees, incurred in such suit from the losing party. 3 13 Exhibit A City of Tukwila 2008 Annuai Smaii 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 130lh Street Replace failing culvert and provide alley drainage between 32nd A venue S and 33rd 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 149th Street /sih 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 149th Street to South 15dh 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 E!nd 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 sy~tems to determine feasibility and preferred routing of future drainage improvements. No base mapping or final design is anticipated for this site. City of Tukwila 2008 Annual Small Drainage Program 1 of 3 KPG Apri/21, 2008 14 Exhibit A Work on these projects shall include any necessary survey, alternative analyses, quantity estimating and cost estimating to compiete 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 2008 Annual Small Drainage Program 2of3 KPG April 21, 2008 15 Exhibit A Deiiverabies: 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. City of Tukwila 2008 Annual Small Drainage Program 3of3 KPG April 21, 2008 16 HOUR AND FEE ESTIMATE EXHIBIT B Project: City of Tukwila 2008 Annual Small Drainage Program Task Description Task 1 2008 Small Drainage Program 1.1 Management /Coordination /Administration 1.2 Topographic survey utility locates potholes 1.3 Field reviews 1.4 Prepare Plans (estimate 20 sheets) S 130th Street /32nd Macadam 144th S 149th 57th 10349 Beacon Avenue S (feasibility check only) W Marginal Way Ouffall Treck Drive Upland Driver Prepare Detail Sheets Prepare restoration plans for sensitive area sites 1.5 Property owner coordination 1.6 2008 Small Drainage Program Prepare 50% 90% Review Submittals Utility coordination Quantity and Cost Estimating Prepare Specifications Finalize Bid Documents Reimbursable expenses see breakdown for details Task Totals Labor Hour Estimate Project Design Survey Manager Engineer Field Crew Technician Clerical 177.45 113.57 130.00 85.18 65.78 4 2 4 2 2 4 1 1 1 1 1 1 2 0 0 2 2 2 32 4/21/2008 0 64 8 8 8 24 4 4 4 4 8 8 8 I 0 60 0 0 0 0 0 0 0 0 0 0 0 8 I 0 4 I 0 8 0 8 0 4 I 0 184 1 60 Architecture 4. Landscape, Architecture, Civil Engine rini; Total Fee Fee 0 8 1,236.04 O 0 15,423,38 4 0 1,959.08 8 0 1,944.90 8 0 1,944.90 40 0 6,842.68 O 0 631.73 8 0 1,313.17 8 0 1,313.17 8 0 1,313.17 12 0 2,108.17 16 0 2,448.89 0 0 1.263.46 8 4 1,853.12 O 4 717.40 12 0 2,285.62 O 4 1,526.58 8 4 1,753.74 6,250.00 140 24 54,129.20 HOUR AND FEE ESTIMATE Project: City of Tukwila 2008 Annual Small Drainage Program Task Description Task 2 Perttlittina 2.1 Prepare SEPA checklist (1 checklist for 3 sites) 2.2 Prepare JARPA aoplications (1 application for 3 sites) 2.3 Field review /coordinate with WDFW Reimbursable expenses see breakdown for details Task Totals Reimbursable Breakdown Task 1 2008 Small Drainage Program Mileage Reproduction APS Potholing allowance Task 2 Permitting Mileage Reoroduction Task 1 Total Task 2 Total EXHIBIT B Project Manager 177.45 2 1 2 4 I 1 8 I 4/21/2008 Labor Hour Estimate Total Fee Design Survey Engineer Field Crew Technician Clerical Fee 113.57 130.00 85.18 65.78 8 I 4 4 I 16 1 0 0 0 0 8 0 1 4 2 2 0 I 8 I 8 Total Estimated Fee: Architecture Landscape Architecture Civil Lngineerinl; 1.526.58 1,622.18 1,295.64 150.00 4,594.40 58,723.60 Cost 250.00 1,000.00 5,000.00 6,250.00 50.00 100.00 150.00