HomeMy WebLinkAboutUtilities 2013-05-20 Item 2B - Agreement - 2013 Small Drainage Program Design with KPG Inc for $43,372.81City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Utilities Committee
FROM: Bob Giberson, Public Works Director
BY: Ryan Larson, Senior Engineer
DATE: May 17, 2013
SUBJECT: 2013 Annual Small Drainage Program
Project No. 91241201
Consultant Selection and Agreement
ISSUE
Approve KPG, Inc. to design the 2013 Annual Small Drainage Program.
BACKGROUND
The 2013 Annual Small Drainage Program was to be cancelled due to the emergency pipe repairs needed along East Marginal
Way S (EMWS). Upon further analysis, the EMWS Emergency Storm Pipe Repair 11 -19 -12 will not be able to be constructed
this year. The EMWS project will be delayed due to contaminated soils, utility conflicts which require additional design and
construction which will need to be timed with a fish window requiring work on the pipe be completed by the end of September.
The Small Drainage Project list contains several projects that should be constructed as soon as practical to take care of minor
roadway flooding and repair damaged storm pipe sections.
DISCUSSION
The 2013 Annual Small Drainage Program budget is $645,000. In April, $80,000 in design funds was allocated for the EMWS
project with the understanding that the construction funding would also be shifted. Since the EMWS project needs to be delayed
one year, a total of $565,000 is available for design and construction of small drainage projects in 2013.
Public Works staff reviewed the list of known system deficiencies and from that compiled a list of four projects for design in
2013. Each project was selected because they can be designed and constructed quickly and will not require outside agency
permitting. The four projects selected are:
1. S 164th St east of 5151 Ave S 3. 33rd Ave S between S 140th St and 30 PI S
2. 14148 34th PI S 4. 14229 34'n Ave S
The current MSRC Consultant Roster was reviewed and three firms were short- listed to design the selected four projects. The
firms were: KPG, Inc., PACE Engineers, and CH2M Hill. The Summary of Qualifications was evaluated for each firm and KPG
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 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 2013 Annual Small Drainage Program fora fee of $43,372.81.
RECOMMENDATION
Council is being asked to approve the consultant agreement with KPG, Inc. in the amount of $43,372.81 for design of the
2013 Annual Small Drainage Program and consider this item on the Consent Agenda at the June 3, 2013 Regular Meeting.
Attachments: Qualification Review
Location Map
Consultant Agreement
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City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
CONSULTANT AGREEMENT FOR
ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
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. Proiect Designation. The Consultant is retained by the City to perform engineering services
in connection with the project titled `2013 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. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending December 31, 2013, unless sooner
terminated under the provisions hereinafter specified. Work under this Agreement shall
commence upon 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 no later
than December 31, 2013 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 $43,372.81 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 as 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 the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
8
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 rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in performance of this Agreement, except for injuries and
damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the Consultant's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of
this section shall survive the expiration or termination of this Agreement.
8, Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at
law or in equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident. Automobile Liability
insurance shall cover all owned, non - owned, hired and leased vehicles. Coverage
shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
CA revised : 1 -2013
Page 2
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2. Commercial General Liability insurance with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be written on ISO occurrence form CG 00 01 and shall cover
liability arising from premises, operations, independent contractors and personal
injury and advertising injury. The City shall be named as an insured under the
Consultant's Commercial General Liability insurance policy with respect to the
work performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
4. Professional Liability with limits no less than $1,000,000 per claim and
$1,000,000 policy aggregate limit Professional Liability insurance shall be
appropriate to the Consultant's profession.
B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they
shall be primary insurance with respect to the City. Any Insurance, self- insurance, or
insurance pool coverage maintained by the City shall be excess of the Consultant's
insurance and shall not be contributed or combined with it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A: VII.
D. Verification of Coverage. Consultant shall furnish the City with original certificates and
a copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Consultant
before commencement of the work. Certificates of coverage and endorsements as required
by this section shall be delivered to the City within fifteen (15) days of execution of this
Agreement.
E. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days notice to the Consultant to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset against funds due
the Consultant from the City.
9, Independent Contractor. The Consultant and the City agree that the Consultant is an
independent 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.
CA revised : 1 -2013
Page 3
10
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, religion, creed, color, national
origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political
affiliation or the presence of any disability 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. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically understand and agree
that venue shall be properly laid in King County, Washington. The prevailing party in any
such action shall be entitled to its attorney's fees and costs of suit. Venue for any action
arising from or related to this Agreement shall be exclusively in King County Superior Court.
16. Severability and Survival. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any
other provisions hereof and all other provisions shall remain fully enforceable. The provisions
of this Agreement, which by their sense and context are reasonably intended to survive the
completion, expiration or cancellation of this Agreement, shall survive termination of this
Agreement.
CA revised : 1 -2013
Page 4
11
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
KPG
753 9th Avenue North
Seattle, WA 98109
18. Entire Agreement; Modification. 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. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
DATED this
CITY OF TUKWILA
day of , 2013.
Mayor, Jim Haggerton
CONSULTANT
By:
Printed Name:Nelson Davis, KPG
Title: Principal
Attest/Authenticated: Approved as to Form:
City Clerk, Christy O'Flaherty Office of the City Attorney
CA revised : 1 -2013
Page 5
12
EXHIBIT A
City of Tukwila
2013 Small Drainage Program
Scope of Work
May 15, 2013
PROJECT DESCRIPTION
The Consultant shall prepare final Plans, Specifications and Estimates for the 2013 Small Drainage
Program. The project will include the following sites:
Site 1: 5164th Street, Dead end east of 51St Avenue S
Replace and/or slipline 12 -inch pipe through easement on private parcel. Install new catch basins
and restore connections to yard drains.
Site 2: 14148 34th Place South
Replace brick manholes and damaged storm drain. Pipe will be re- routed down driveway in -lieu of
current routing beneath shed and large tree. Prepare revised easement for new pipe location.
Slipline downstream pipe segment if possible.
Site 3: 14028 33rd Avenue S
Drainage in roadway depression overflows into private property. Install thickened edge, catch
basins, and approximately 500 feet of 12 -inch storm drain to connect to existing roadway drainage
system to south.
Site 4: 14229 34th Avenue S
The parking lot floods due to plugged pipe on adjacent property that formerly connected to roadway
drainage system. Install 2 catch basins and approximately 100' of storm drain to provide connection
to roadway drainage system.
The Consultant shall provide necessary surveying, project design, quantity and cost estimates, and utility
coordination required to complete final bid documents. It is anticipated that sites will be bid as a single
bid package for the 2013 Small Drainage Program as budget or other considerations allow.
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. No additional
permits are anticipated.
City of Tukwila
2013 Small Drainage Program Page 1 of 4
KPG, Inc.
May 15, 2013
13
For the 2013 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 2013 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.
SCOPE OF WORK
TASK 1— 2013 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 3 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 2013 Small Drainage Program sites.
Topographic survey will be performed for all sites including horizontal utility locations
within the right of way.
• Obtain title reports and prepare legal descriptions for up to 3 parcel easements.
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 six (6) 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.
City of Tukwila KPG, Inc.
2013 Small Drainage Program Page 2 of 4 May 15, 2013
14
o Drainage designs will be determined through consultation with City staff and from
previous experience rather than detailed basin modeling.
1.4 2013 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 2012 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.
o Easements will be delivered to the property owners for signature; however, extensive
negotiations are not anticipated.
• 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 — 2013 Small Drainage Program Permitting
2.1 The Consultant shall prepare a SEPA checklist for submittal to the City covering all sites
included in the 2013 Small Drainage Program.
• 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
City of Tukwila KPG, Inc.
2013 Small Drainage Program Page 3 of 4 May 15, 2013
15
Additional Services
The City of Tukwila may require other services of the consultant. These services could include additional
design, right of way, utility potholing, environmental documentation, construction phase services, or other
work tasks not included in the scope of work. At the time these services are required, the Consultant will
provide the City with a detailed scope of work and an hour and fee estimate. The Consultant will not
proceed with the work until the City has authorized the work and issued a Notice to Proceed.
City of Tukwila KPG, Inc.
2013 Small Drainage Program Page 4 of 4 May 15, 2013
16
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City of Tukwila
2013 Small Drainage Program
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1.1 ManagementlCoordinationiAdministration
1.2 Topographic Survey J Utility Locates / legals
Topographic Survey
Prepare legal descriptions and exhibits (3)
S 164th Street
14148 34th PI S
14028 33rd Ave S
14229 34th Ave S
1.4 2013 Small Drainage Program
Field Reviews
Utility coordination
Quantity and Cost Estimating
Prepare Specifications
Finalize Bid Documents
Reimbursable - Mileage
Reimbursable - Reproduction
Reimbursable - Title Reports (3)
Reimbursable - Utility Locate Service 1
Task 1 Total
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