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HomeMy WebLinkAboutUtilities 2009-01-27 Item 3B - Agreement - 2009 Annual Small Drainage Program Design with KPG Inc City of TukwiJa Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM DATE: Mayor Haggerton Utilities Committee Public Works Directo~ January 21, 2009 TO: FROM: SUBJECT: 2009 Annual Small Drainaqe Proqram Project No. 09-DR01 Consultant Recommendation & Agreement ISSUE Approve KPG, Inc., to design the 2009 Annual Small Drainage Program. BACKGROUND The Annual Small Drainage Program identifies projects through maintenance activities as well as citizen complaints. This year we are designing or completing the design of three projects for construction in 2009. ANALYSIS Public Works staff reviewed the list of known system deficiencies and compiled a list of projects for design and construction in 2009. Two projects involve permits with the Washington Department of Fish and Wildlife 0fVDFW) and were reviewed in the field with their area biologist for preliminary approval and expected required mitigation. The current consultant roster was reviewed and KPG, Penhallegon Associates Consulting Engineers and Perteet were short-listed to design the selected three projects. KPG has designed the Annual Small Drainage Program since 1991 and Public Works staff continues to be very satisfied with 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 the budget. Therefore, it is recommended that KPG design the 2009 Annual Small Drainage Program for a fee of $58,584.86. BUDGET SUMMARY Design Contract $ 58,584.86 Budqet $ 60,000 RECOMMENDATION The Council is being asked to approve this design agreement with KPG, Inc. in the amount of $58,584.86 for the 2009 Annual Small Drainage Program and consider this item at the February 9, 2009 Committee of the Whole meeting and the subsequent February 17, 2009 Regular Meeting. Attachments: Location Map Consultant Agreement P:\PROJECTS\A- DR Projecls\09-DR01 (2009 SDP)\Design\lnfoMemoDesign gl.doc 2009 Annual Neighborhood Drainage Program Map ~ 10 CONSULTANT AGREEMENT FOR DRAINAGE DESIGN SERVICES TIllS AGREElVIENT 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 2009 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 "BIl attached hereto, provided that the total amount of payment to the Consultant shall not exceed $58,584.86 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 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 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 ofthis 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. 1'< .LV. 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 ,2009 Jim Haggerton, Mayor CONSULTANT .~~ By: . Nelson Da is, 'G CITY OF TUKWILA Principal Title: Attest! Authenticated: Approved as to Form: Christy O'Flaherty, CMC, City Clerk Office of the City Attorney Exhibit A City of Tukwila 2009 Annual Small Drainage Program Scope of Work January 19, 2009 KPG The Consultant shall prepare surveyed base maps, final plans, specifications, and estimates for the following small drainage projects: . Site 1: Southgate Creek in vicinity of S. 133rd/131st and 44th Avenue S. This project includes the following 3 areas of concern: a. S 13:fd Street Culvert Crossing - Replace with fish passable culvert. b. S 131st Street near Normed - Replace undersized clay culvert crossing with fish passable culvert. c. S 131st and 44th Avenue S - Replace roadway and driveway culvert crossings with fish passable culvert. . Site 2: S 146th Street, 42nd Avenue to west approximately 500' Install new 1B-inch storm drain, catch basins, and laterals to relieve flooding issues near trailer park due to undersized pipe. . Site 3: West Marginal Way Outfall Replace failing outfall and portion of storm drain pipe to eliminate a sink hole in adjacent driveway. Additional sink hole areas have formed during the December 200B/January 2009 storms. 60% design was completed as part of the 2004 small drainage program. Design will be updated and finalized basedon current conditions. 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 map 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. City of Tukwila 2009 Annual Small Drainage Program 1 of 2 KPG January 19, 2009 Exhibit A 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 2009 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 2009 Small Drainage Program. For the 2009 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. Deliverables: The Consultant shall provide the following deliverables: . 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 2009 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, ~ 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 . Existing utility information, as available . Plan reviews and comments . Easement negotiations, if required. . Fees associated with advertisement on BXWA.com City of Tukwila 2009 Annual Small Drainage Program 2of2 KPG January 19, 2009 HOUR AND FEE ESTIMATE EXHIBIT B Project: City of Tukwila 2009 Annual Small Drainage Program Task Description Task 1 2009 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 133rd Street culvert crossing S 131st Street /Nonmed culvert crossing S 131st Street 44th Avenue S culvert crossings S 146th Street Drainage Improvements W Marginal Way Ouffall Prepare Detail Sheets Prepare restoration plans for sensitive area sites 1.5 Property owner coordination 1.6 2009 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 Project Survey Manager Engineer Field Crew Technician Clerical 177.45 113.57 140.00 94.34 69.01 4 2 4 2 2 2 1 1 1 1 2 0 4 2 2 2 1/19/2009 0 8 8 8 16 16 16 '8 8 8 8 8 8 8 8 4 0 40 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 40 4 8 24 24 24 8 8 24 0 8 0 8 0 8 32 140 I 40 1 188 1 P Architecture Landscape Architecture Civil Engineering 8 O 0 O 0 0 0 0 O O 0 4 2 0 4 4 22 1 Total Fee Fee 1,261.88 10,637.06 1,995.72 2,018.18 4,436.18 4,436.18 4,258.73 1,840.73 1,840.73 3,350.17 1,263.46 1,939.32 1,756.38 2,018.18 1,539.50 1,839.94 6,250.00 52,682.34 HOUR AND FEE ESTIMATE Project City of Tukwila a Program 2009 Annual Small Drainage EXHIBIT B Labor Hour Estimate Total Fee Project Project Survey Manager Engineer Field Crew Technician C1 Clerical 11 Fee 177.45 113.57 140.00 94.34 Task 2.1 Prepare SEPA checklist (1 checklist for 3 sites) 8 4 2,294.22 i 2 8 0 2 2,156.20 Task 2- Permitting f 2 8 0 8 1,302.10 0 0 2 �1 2.2 Prepare JARPA applications (1 a2plication for 3 sites) 4 I 4 I Total Estimated Fee: 5,90215000 2 .5 2.3 Field review /coordinate with WNW 8 I 20 0 I 16 Reimbursable expenses see breakdown for details Task Totals 58,584.8 Reimbursable Breakdown 250.00 Task 1 2009 Small Drainage Program APS Potholing allowance 1,000.00 Mileage 5,000.00 Reproduction 6 250.00 Task 1 Total 50.00 100.00 Task 2 Permitting 150.00 Mileage Reproduction Task 2 Total 1/19/2009 K.F" G Architecture Landscape Architecture Civil Engineering Cost