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HomeMy WebLinkAboutUtilities 2011-01-25 Item 2B - Agreement - 2011 Annual Small Drainage Program Design with KPG Inc 011 wQSy City of Tukwila Jim Haggerton, Mayor 4,0A INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Utilities Committee FROM: Public Works Director 1 DATE: January 19, 2011 SUBJECT: 2011 Annual Small Drainage Program Project No, 91041201 Consultant Recommendation Agreement ISSUE Approve KPG, Inc. to design the 2011 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 five projects for construction in 2011. Construction of these projects will be combined with the Small Drainage projects from 2010 that were delayed due to permitting and time constraints. DISCUSSION Public Works staff reviewed the list of known system deficiencies and compiled a list of five projects for design and construction in 2011. The five projects selected are: 1. 40th Ave S Pipe Relining 4. Gilliam Creek at Andover Park East Trash Rack 2. Allentown Pipe Relining 5. East Marginal Way S (Museum of Flight) Drainage 3. S 150th St Drainage (complete overlay from TIB to 42nd Ave S) The current Consultant Roster was reviewed and three firms were short- listed to design the selected five projects. The firms were: KPG Inc., PACE Engineers, and Parametrix. The Summary of Qualifications was evaluated for each firm and 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 designs within the contract amount. It is recommended that KPG Inc. design the 2011 Annual Small Drainage Program for a fee of $74,996.04. As only $60,000.00 is budgeted for design, construction funds will be used to supplement the budget. Additional funds are necessary to design the 3 site on S 150th St to include a new drainage system. BUDGET SUMMARY Contract Budget Design 74,996.04 60,000.00 Construction Management 80,000.00 Construction 971,000.00 Total 74.996.04 1.111.000.00 RECOMMENDATION The Council is being asked to approve this design agreement with KPG, Inc. in the amount of $74,996.04 for the 2011 Annual Small Drainage Program and consider this item at the February 14, 2011 Committee of the Whole meeting and subsequent February 22, 2011 Regular Meeting. Attachments: Location Map Consultant Agreement W \PW Eng PROJECTS \A- DR Projects191041201 (Small Drainage 2010- 2011)\ Design \Design 2011 \INFORMATION MEMO 2011 doc 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 2011 Annual Small 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 $74,996.04 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 2 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. 13. 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 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 2011 Small Drainage Program Scope of Work January 18, 2011 PROJECT DESCRIPTION The Consultant shall prepare final Plans, Specifications and Estimates for the 2011 Small Drainage Program. The project will include the following sites: 40 Ave S Pipe Relining Reline 36" CMP culvert under 40` Ave S just north of S 137 St Allentown Pipe Relining Reline 400 ft of 36" pipe near Allentown Pump Station S 150 St Drainage New drainage system from TIB to 42 Ave S Gilliam Ck at APE Trash Rack New trash rack near Andover Park East EMW (Museum of Flight) Drainage Replace drainage system near Museum of Flight. The Consultant shall provide necessary surveying, project design, quantity and cost estimates, utility coordination and permit coordination required to complete final bid documents. It is anticipated that sites will be bid as a single bid package combined with the 2010 Small Drainage Program as budget or other considerations allow. Sites will be prioritized based on available budget and other factors such as: permit complexity, utility relocation needs, and easement requirements to achieve a realistic site listing for the 2011 Small Drainage Program. The Consultant shall provide surveyed base maps with horizontal utility locations, or base maps created from field measurements, ortho photography, and GIS data as necessary for each site. If necessary, surveyed base maps will include right -of -way line work. Project horizontal and vertical datum will be assumed on all sites. The Consultant shall provide assistance to the City with preparation of a SEPA checklist, JARPA application, and coordination with Washington Department of Fish and Wildlife and the US Army Corps of Engineers for sites 1, 2, and 4. For the 2011 Small Drainage Program, the Consultant shall submit a 50% Review Submittal (plans and estimate only), and a 90% Review Submittal that includes plan, specifications and estimate to the City for review prior to bidding. It is the Consultants understanding that none of the 2011 Small Drainage Program sites require biological assessments, additional permits beyond those listed, wetland delineations, geotechnical review, detention facilities, or water quality treatment facilities. The budget assumes a straightforward approval process with no special studies or extensive coordination. City of Tukwila KPG, Inc. 2011 Small Drainage Program Page 1 of 4 January 18, 2011 SCOPE OF WORK TASK 1 2011 Small Drainage Program Design 1.1 MANAGEMENT /COORDINATION /ADMINISTRATION The Consultant shall provide continuous project management and administration for the duration of the Project. (Estimate 4 months). Hold project coordination meetings with the City to update progress and review submittals. Assume (3) meetings. The Consultant shall provide monthly status reports and billings. The Consultant shall provide independent QA/QC reviews by senior in -house staff of all deliverables prior to submittal to the City. 1.2 TOPOGRAPHIC SURVEY/UTILITY LOCATES The Consultant shall prepare base maps for each 2011 Small Drainage Program site using the following methods: o 40th Ave S Pipe Relining Base map prepared using field measurements, GIS data, and ortho photography. o Allentown Pipe Relining Base map prepared using field measurements, GIS data, and ortho photography o S 150th St Drainage Surveyed base map with horizontal utility locations and right -of -way line work based on available assessor information. o Gilliam Creek at Andover Park East Trash Rack Base map prepared using field measurements, GIS data, and ortho photography. o East Marginal Way (Museum of Flight) Drainage Surveyed base map with horizontal utility locations. Assumptions: o The City shall complete the one -call utility locate request for each site and coordinate the completion of utility locates in preparation for surveying. o Horizontal and vertical datum will be assumed for each project location. o Survey will not be required for 40 Ave S Pipe Relining, Allentown Pipe Relining, or Gilliam Creek Trash Rack. o Right -of -Way lines will only be provided on S. 150 Street. o The City shall provide the Consultant with all available GIS data, ortho- photography, and as -built information needed to complete base mapping. City of Tukwila KPG, Inc. 2011 Small Drainage Program Page 2 of 4 January 18, 2011 1.3 PREPARE PLANS The Consultant shall prepare final Plans for the proposed improvements including the following: o Plans shall be prepared with such provisions in such detail as to permit field layout and construction within a degree of accuracy acceptable to the City and per industry standards. o It is assumed there will be thirteen (13) plan sheets at 1 =20' scale full size (22" X 34 1 =40' at reduced scale (11" X 17 o Details will be prepared for items not available as standard details from the City, State, or WSDOT standard drawings. o The plans shall illustrate complete details of construction of the proposed improvements including limits of construction and removals, proposed invert elevations, rim elevations and required construction materials. o Drainage designs will be determined through consultation with City staff and from previous experience rather than detailed basin modeling. Assumptions o No federal funding is anticipated for the Project engineering or construction. o No utility upgrades are anticipated in the project design. o Drainage Water Quality Reports will not be required. o Geotechnical Engineering services will not be required. o Potholing of existing underground utilities will not be required. 1.4 2011 SMALL DRAINAGE PROGRAM FINAL DESIGN The Consultant shall conduct QA/QC and constructability reviews in the field for each site and consult with City staff during the field reviews. The Consultant shall calculate quantities and prepare Engineers Estimate of Probable Construction Cost for each review submittal and the Bid Documents. The Consultant shall prepare the Contract Specification per 2011 WSDOT Standard Specifications for the 90% Review Submittal and the Bid Documents The Consultant shall distribute 50% and 90% review submittals to franchise utility owners to identify potential conflicts within the Project limits. The Consultant shall assist the City with Project Advertisement and Award. Assumptions o No federal funding is anticipated for the Project engineering or construction. o No utility upgrades are anticipated in the project design. o Drainage Water Quality Reports will not be required. o Geotechnical Engineering services will not be required. o Environmental Documentation will not be required. o Potholing of existing underground utilities will not be required. City of Tukwila KPG, Inc. 2011 Small Drainage Program Page 3 of 4 January 18, 2011 Deliverables o 50% review submittal with Plans and Estimate o 90% review submittal with Plans, Specifications, and Estimate. o Bid Documents and Engineer's Estimate o 6 sets of Plans (11" X 17 and specifications provided for each review submittal. o 10 sets of Plans (11" X 17 and specifications for the Bid Documents. o Coordinate upload of Plans and Specifications to Builders Exchange. TASK 2 2011 Small Drainage Program Permitting 2.1 The Consultant shall prepare a SEPA checklist for submittal to the City covering all sites included in the 2011 Small Drainage Program. 2.2 The Consultant shall prepare a JARPA application for sites 1, 2, and 4. The application will be sent to WDFW and USACE. 2.3 The Consultant shall perform field reviews and coordinate HPA approval for sites 1, 2, and 4 with local representative from WDFW 2.4 Although none of the projects are anticipated to require approval by the US Army Corps of Engineers (USACE), the Consultant shall provide due diligence coordination with representatives of USACE to verify that no further approvals are required. Budget assumptions are to route the JARPA to the USACE, telephone and/or field coordination, and providing requested feedback for the agency to make a determination. Assumptions o SEPA signage, fees, and internal coordination will be by the City. o No wetland or stream delineations will be required. o No special studies (biological assessments, etc.) will be required. Deliverables o SEPA Checklist o JARPA application o Documentation from agency coordination with WDFW and USACE. City of Tukwila KPG, Inc. 2011 Small Drainage Program Page 4 of 4 January 18, 2011 HOUR AND FEE ESTIMATE EXHIBIT B Project: City of Tukwila K P G 2011 SmaII Drainage Program Architecture Landscape Architecture Civil Engineering Labor Hour Estimate i Total Fee Task Description Project Project Survey Manager Engineer Field Crew Technician Clerical 177.45 113.57 140.00 94.34 69.01 Fee Task 1 2011 SmaII Drainage Program Design 1.1 Management /Coordination /Administration 4 0 0 0 4 985.84 1.2 Topographic Survey Utility Locates 40th Ave S Pipe Relining GIS Basemap Field Measurements 0 0 0 8 0 754.72 Allentown Pipe Relining GIS Basemap Field Measurements 0 0 0 8 0 754.72 S 150th St Drainage Full Survey Right -of -Way 0 10 40 40 0 10,509.30 Gilliam Creek/APETrash Rack GIS Basemap Field Measurements 0 0 0 8 0 754.72 EMW (Museum of Flight) Drainage Survey structure elevations 0 0 10 8 1 0 2,154.72 1.3 Prepare Plans (Est 13 Sheets) 40th Ave S Pipe Relining (Est 1 Sheet) 2 8 0 8 0 2,018.18 Allentown Pipe Relining (Est 1 Sheet) 2 12 0 12 0 2,849.82 S 150th St Drainage (Est 4 Sheets) 4 40 0 60 0 10,913.00 Gilliam Creek/APE Trash Rack (Est 1 Sheet) 4 8 0 8 0 2,373.08 EMW (Museum of Flight) Drainage (Est 2 Sheets) 4 24 0 32 0 6,454.36 1.4 2011 Small Drainage Program Field Reviews 2 8 0 4 0 1,640.82 Prepare 50% 90% Review Submittals 0 8 0 8 8 2,215.36 Utility coordination 2 8 0 8 0$ 2,018.18 Quantity and Cost Estimating 2 8 0 8 0 1$ 2,018.18 Prepare Specifications 2 1 16 0 0 8 2,724.10 Finalize Bid Documents 2 I 8 0 8 4 2,294.22 Reimbursable Expenses (See breakdown for details) 6,300.00 Task 1 Total I 30 158 50 228 24 I 59,733.32 1/19/2011 HOUR AND FEE ESTIMATE EXHIBIT B Project: City of Tukwila K I G 2011 Small Drainage Program Architecture Landscape Architecture Civil Engineering Labor Hour Estimate 11 Total Fee Task Description Project Project Survey Manager Engineer Field Crew Technician Clerical 177.45 113.57 140.00 94.34 69.01 Fee Task 2 2011 Small Drainage Program Permitting 2.1 Prepare SEPA checklist 4 16 0 1 8 1 8 3,833.72 2.2 Prepare JARPA Application 1 4 1 16 0 16 4 4,312.40 2.3 WDFW Coordination for HPA 4 1 8 0 0 4 1$ 1,894.40 2.4 USACE Coordination for NWP's 8 1 16 1 0 1 16 4 1 5,022.20 Reimbursable Expenses (See breakdown for details) 1 200.00 Task 2 Total 20 I 56 I 0 40 20 15,262.72 Total Estimated Fee: 74,996.04 Reimbursable Breakdown Cost Task 1 2011 Small Drainage Program Design I Mileage 300.00 Reproduction 1,000.00 Gravitec Technical support for Tukwila Parkway Trashrack Fabrication 5,000.00 Task 1 Total 6,300.00 Task 2 2011 Small Drainage Program Permitting 1 Mileage 100.001 Reproduction 100.00 Task 2 Total 200.00 1/19/2011