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HomeMy WebLinkAboutUtilities 2011-11-15 Item 2A - Agreement - 2012 Annual Small Drainage Program Design with KPG IncCity of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Utilities Committee FROM: Bob Giberson, Public Works Director, SA DATE: November 10, 2011 SUBJECT: 2012 Annual Small Drainaae Proaram Project No. 91241201 Consultant Selection and Agreement ISSUE Approve KPG, Inc. to design the 2012 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 2012. Construction of these five projects will be combined with two projects designed in 2011 which were delayed. DISCUSSION Public Works staff reviewed the list of known system deficiencies and compiled a list of five projects for design in 2012. The five projects selected are: 1. Gilliam Creek, S 154th Street Crossing 2. S 128th Street/37 Ave S Pipe Repair 3. Tukwila Parkway Outfall 4. Ryan Hill Pipe Repairs 5. Fort Dent Outfall Improvements The Fort Dent Outfall Improvements will rebuild a failing riverbank and outfall and retrofit the system with a secondary floodgate to reduce the risk of flooding within Fort Dent Park. Since this park drainage system is not part of the City's surface water system, funding from the City's share of the King County Flood District Opportunity Fund will be used for design and construction. 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 CH21M Hill. The Summary of Qualifications was evaluated for each firm and KPG, Inc. was selected as the firm that best met the requirements. KPG has designed the Annual Small Drainage Program since 1991 and Public Works staff continues to be very satisfied with their work. KPG has an excellent 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 contracted amount. It is recommended that KPG, Inc. design the 2012 Annual Small Drainage Program for a fee of $64,945.76. BUDGET SUMMARY FROM 2012 PROPOSED CIP Design RECOMMENDATION Contract Budaet 64,945.76 80,000.00 Council is being asked to approve this design agreement with KPG, Inc. in the amount of $64,945.76 for the 2012 Annual Small Drainage Program and consider this item at the November 28, 2011 Committee of the Whole meeting and subsequent December 5, 2011 Regular Meeting. Attachments: Location Map Qualification Review Consultant Agreement VV' \PVV Eng \PROJECTS\A- DR Projects \91241201 (2012 SDP) \Design \INFORMATION MEMO 2011.doc 2012 Annual Neighborhood Drainage Program LOY Not to Scale Site 5 Site 3 t Date: November 9, 2011 �i 2012 SDP - Qualification Review (1= Top Choice, 2 = Second Choice, 3 = Third Choice) Relevant Project Experience 1 AQ 1 1 Experience with HPA/Creek Work 1 1 1 Small Scale Projects 1 2 2 Ability to keep project on schedule and within Budget 1 2 3 Project Team Availability of Key Team Members 1 1 1 Knowledge of City , Plan Process, Drainage System 1 2 3 TOTALS (Lowest Total Score is best) 6 9 11 Firm Rank (1 - 3, Lowest = Best) 1 2 3 W: \PW Eng\PROJECTS\A- DR Projects \91241201 (2012 SDP) \Design \Proposal Rating.xls w 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 2012 Annual Neighborhood Drainage Program. 1 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 $64,945.76 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. 4 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. 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 5 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. 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 pay. 3 I 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 CITY OF TUKWILA day of Jim Haggerton, Mayor 1 2011 CONSULTANT By: Nelson Davis, KPG Principal Attest/Authenticated: Christy O'Flaherty, CMC, City Clerk Title: Approved as to Form: Office of the City Attorney rd 7 Exhibit A City of Tukwila 2012 Annual Small Drainage Program Scope of Work November 8, 2011 KPG The Consultant shall prepare base maps, final plans, specifications, and estimates for the following small drainage projects: Site 1: Gilliam Creek, S 154 Street crossing Finalize wall design developed in 2011 Small Drainage Program and provide pipe liner rehabilitation of existing pipe crossing 42 Avenue S. This site will require a Hydraulic Project Approval (HPA) from Washington Department of Fish and Wildlife (WDFW). Site 2: S128 th Street 37 Avenue S Pipe Repairs Provide replacement and /or pipe liner rehabilitation on 6 pipe reaches in the vicinity of S 128 Street intersection with 37 Avenue S and the adjacent Wells Trucking parcel. This site will require an HPA from WDFW. Site 3: Tukwila Parkway Outfall Provide realignment and replacement of the outfall pipe that discharges north of the recent Klickitat project. This site will require an HPA from WDFW. Site 4: Ryan Hill Pipe Repairs Provide manhole and pipe replacement and /or pipe liner rehabilitation on 3 pipe reaches in the vicinity of S 10e Street intersection with 47 Avenue S and repair the existing outfall on 49 Avenue South. This site will require an HPA from WDFW. Site 5: Fort Dent Outfall Improvements Install new manhole in levee, flap gate on 15 -inch outfall pipe, and repair outfall area as necessary. This project is included as a stand -alone design task (Task 2) due to grant funding from King County Flood District Operations Fund. This site will require an HPA from WDFW. 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 sites. Right of way will be indicated on the base maps based on available assessor information. City of Tukwila 2012 Annual Small Drainage Program 1 of 2 KPG November 8, 2011 N Exhibit A The Consultant shall prepare a SEPA checklist and JARPA application to obtain the HPA. The checklist and JARPA will cover all project sites in a single document. Geotechnical review of Site 1 will be provided to document soil conditions for design of the deep pipe crossing liner and recommendations for wall design parameters to be included in the specifications. 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 2012 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 based on available funding and other considerations. For the 2012 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: Distribution of 50% Plans to utilities SEPA checklist JARPA application 2012 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 Plan reviews and comments Easement negotiations, if required. Fees associated with advertisement on BXWA.com City of Tukwila 2012 Annual Small Drainage Program 2 of 2 KPG November 8, 2011 N HOUR AND FEE ESTIMATE Project: City of Tukwila 2012 Annual Small Drainage Program EXHIBIT B K.PG • Architecture • Landscape Architecture • Civil Engineering • Task Description Labor Hour Estimate Total Fee Project Manager $ 177.45 Project Survey Engineer Field Crew $ 113.57 $ 140.00 Technician Clerical $ 94.34 $ 69.01 Fee Task 1 - 2012 Small Drainage Program 1.1 Management/Coordination/Administration 1.2 Topographic survey / utility locates 1.3 Field reviews 1.4 Prepare Plans (estimate 12 sheets) Gilliam Creek, S 154th Street Crossing S 128th/37th j 4 0 T 0 0 16 50 Tukwila Parkway Ryan Hill pipe repairs Prepare Detail Sheets Subconsu/tant coordination for site 1 geotech 1.5 2012 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 2 8 2 - 24 2 8 2 1 24 0 2 8 0 2 0 0 4 $ 985.84 36 : 0 12,213.36 4 . 0 1,995.72 0 12 i 0 $ 2,395.54 0 32 0 $ 6,099.46 0 12 0 $ 2,395.54 32 0 $ 8 0 $ 6,099.46 2,018.18 2 2 1 $ 908.74 4 8 1 0 8 $ 2,649.12 592.30 0 , $ 0 4 0 2 2 8 0 8 ' 0 $ 2,018.18 4 8 0 2 8 8 4 1$ 2,649.12 8 32 134 50 170 4 $ 2,294.22 15,950.00 20 $ 61,264.78 Task 2 - Fort Dent Outfall Improvements 2.1 Prepare Base Ma. 2.2 Prepare Plans, Specs, Est for inclusion in 2012 SDP 2 2.3 Prepare permit applications as Joart of overall ro ect 2 Reimbursable expenses - see breakdown for details Task Totals 4 .... 0 8 4 0 1 $ 377.36 8 0 12 2 1 $ 2,533.56 2 0 ' 0 2 1 $ 720.06 1 -r$ 50.00 10 8 ; 16 4 $ 3,680.98 Total Estimated Fee: $ 64,945.76 11/8/2011 HOUR AND FEE ESTIMATE Project: City of Tukwila 2012 Annual Small Drainage Program EXHIBIT B PG • Architecture • Landscape Architecture • Civil Engineering • Task Description Labor Hour Estimate Total Fee Project Project Survey Manager Engineer Field Crew I Technician $ 177.45 $ 113.57 $ 140.00 I $ 94.34 Clerical $ 69.01 Reimbursable Breakdown Task 1 - 2012 Small Drainage Program Mileage Reproduction Geotechnical Review Allowance - Site 1 Field Utility Locate allowance Task 1 - Total Fee Cost 200.00 750.00 10,000.00 5,000.00 15,950.00 Task 2 - Fort Dent Outfall Improvements Mileage Re roduction Task 2 - Total 11/8/2011 25.00 25.00 50.00